HomeMy WebLinkAboutMN-CC-2015-09-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. September 2, 2015
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building, Planning, Zoning & Economic Development Director – Cornish
Community Development Director – Bohn
Sidewalk Manager – Hathaway
City Planner – Wilson
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing Regarding the Proposed Assessment Roll, Budget,
And Schedule of Work for Each Sidewalk Improvement District for
Fiscal Year 2016
Resolution to Open Public Hearing:
By Alderperson Fleming: Seconded by Alderperson Smith
RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll,
Budget, and Schedule of Work for Each Sidewalk Improvement District for
Fiscal Year 2016 be declared open.
Carried Unanimously
Victoria Armstrong, City of Ithaca, thanked Common Council for the implementation of
the Sidewalk Improvement District program and highlighted the improvements that have
been made to city sidewalks, pedestrian access, and accessibility since its inception.
Resolution to Close Public Hearing:
By Alderperson McCollister: Seconded by Alderperson Kerslick
RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll,
Budget, and Schedule of Work for Each Sidewalk Improvement District for
Fiscal Year 2016 be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Human Services Coalition Grant for City of Ithaca’s “Creating Healthy
Places Program and Its Impact on City of Ithaca Employees”
Victoria Armstrong and Beverly Chin made a presentation regarding the “Creating
Healthy Places Program” in Tompkins County. They noted that the program had two
focus communities: the City of Ithaca and Town of Dryden. The program was designed
to address the public health issues associated with obesity and diabetes. It has been
established that poor nutrition and physical inactivity (major factors in these two
diseases) can be addressed by lifestyle changes facilitated by a supportive community,
social opportunities, and physical environments.
Grant funding was used to improve various elements of the program including
increasing the number of places for residents to become physically active such as
community parks and recreation trails; enhancing accessibility and proximity of
residential areas to recreation areas; increasing the availability of fresh fruits and
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vegetables through the creation of community gardens, promoting the use of farmers
markets, introducing healthy snacks into schools and worksites, and increasing the
healthful quality of foods offered for sale by working with restaurants and stores to add
healthier items.
Mayor Myrick and members of Council thanked the Human Services Coalition for their
efforts and the programs they implemented that have directly benefitted members of city
staff.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Sally Van Orman, City of Ithaca, spoke about the local property tax rates and how they
are impacting her ability to stay in her home. She encouraged Common Council to
implement a “homestead” property tax exemption for senior citizens.
Kerman Glaser, City of Ithaca, urged Common Council to remove the proposed bike
lane on North Cayuga Street due to safety concerns and the parking hardships it would
cause for Cayuga Street residents.
Marc Messing, Town of Ithaca, inquired as to what the City’s policies/ regulations are for
their corporate partners. He stated that the Cascadilla Boat Club has retaliated against
him and his family as a result of statements he has made about them.
Kirby Edmonds, Chair of the Comprehensive Plan Committee, described the process
that was followed to develop Plan Ithaca as Phase I of the City’s Comprehensive Plan.
In addition to the preparation of the draft plan, the Committee prepared a list of its top
20 recommendations that they believe are the most important for the City to pursue. He
further noted that the Committee has recommended several plans that should be
prioritized for completion in Phase II of the Plan.
Caroline Byrne, City of Ithaca, is also concerned about the property tax rates in the City
and proposed that Cornell University increase its voluntary contribution to the City. She
suggested ways to combine student, alumni, and resident resources to create a larger
impact such as a petition/protest when Trustees visit Ithaca, and having the City follow-
up on statements made by Cornell University regarding their impact on the community.
David Kay, City of Ithaca, Vice Chair of the Comprehensive Plan Committee, thanked
Common Council for their consideration regarding the adoption of Phase I of the
Comprehensive Plan and encouraged their continuing support through the
implementation efforts which will require the funding of projects.
Fay Gougakis, City of Ithaca, voiced her disappointment regarding the lack of signage
on the Commons that detail the rules of the Commons. She encouraged the City to
place the language of the signs on its website to educate public, and also to change the
color scheme of the signs in order to make them more effective. She further expressed
concerns regarding late night noise on the Commons from events, and the playground.
Ms. Gougakis further expressed her concern regarding the use of cell phones and
texting while driving.
Joel Harlan, Town of Newfield, spoke about historic flooding in Elmira and Corning,
along with the sales tax revenues being generated in Big Flats. He further addressed
issues related to economic development, tax exempt property, affordable housing, and
noise.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick thanked Ms. Van Orman for her comments. He stated that New York
State does not have a Homestead exemption. He noted that the City has worked to
keep tax rates low and encouraged her to speak with the Tompkins County Legislature
and the Ithaca City School District about keeping their tax rates low as well.
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Mayor Myrick further stated that he supports Ms. Byrne’s mission and encouraged her
to share her message with Cornell University.
Alderperson McCollister responded to comments made regarding high property taxes,
the need for density in the City and Cornell University’s role in this. She noted that the
City has been placed in a reactive role due to Cornell’s property tax-exempt status. She
further commented that she would love to see a diverse demographic be sustained in
Ithaca through the implementation of the Comprehensive Plan including the senior
population.
Alderperson Martell responded to comments made by Mr. Glaser. She noted that she
supports his comments and would support a bike lane on other nearby streets but not
on Cayuga Street as it is too busy/dangerous, and creates a hardship for residents.
Alderperson McGonigal congratulated local apprentice pipe fitter, Jeremy Bergen, who
recently won an international pipefitting competition. He noted that there are excellent
trade people living and working within the Ithaca community.
Alderperson McGonigal expressed his appreciation that the Cayuga Waterfront Trail is
now open but agreed with comments made regarding the dangerous blind corner near
Puddledockers. He noted that the Ithaca Youth Bureau is renting bicycles to people
who would like to enjoy the trail on bikes.
Alderperson McGonigal welcomed the residents of the Stone Quarry Apartments to their
new homes and the First Ward. He encouraged them to meet their neighbors and to go
forward together as a new neighborhood.
Alderperson Brock also offered words of welcome to the new residents of the Stone
Quarry Apartments and noted that it was nice to see the neighborhood come together at
the recent neighborhood cleanup. She encouraged the new residents to join the
Spencer Road listserv, and also talked about the importance of the proposed new
sidewalk connections to South Meadow Street Extension and Old Elmira Road.
Alderperson Brock responded to comments made about encouraging and maintaining a
diverse population in Ithaca, and noted that there are many multi-generational families
living together in Ithaca.
Alderperson Brock responded to the concerns raised by Mr. Messing. She stated that
services provided on City property should be freely accessible to all. She reported in
the case of the Cascadilla Boat Club, membership requests have been denied and no
boat storage has been available to people requesting them.
Alderperson Kerslick noted that the upcoming budget discussions would impact
property tax rates that affect both property owners and renters. He reaffirmed the high
demand for housing in Ithaca.
Alderperson Clairborne expressed his appreciation to those who worked on the
Comprehensive Plan. He also addressed comments made about Cornell’s contribution
to the City, County, and School District’s tax burden and suggested that all of the
community partners work together to find solutions. He further voiced concerns about
traffic issues around Spencer Road, and the Cayuga Waterfront Trail; and also how
difficult it is to find affordable housing in the City.
Alderperson Clairborne highlighted the recent article in the New York Times about the
newly renovated Ithaca Commons and relayed a difficult race related experience his
wife and daughter had while visiting the Commons. He voiced his gratitude for the
community members who came out to support his wife and child and to resolve the
situation. Mayor Myrick noted that the new Community Outreach Worker has
intervened to provide services to the person that was involved in this situation.
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CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider
Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2015 Apple Harvest
Festival – Resolution
By Alderperson Kerslick: Seconded by Alderperson Martell
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer,
and hard cider tasting and sales as part of the 2015 Apple Harvest Festival; now,
therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine,
beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths
during the Apple Harvest Festival on the Ithaca Commons, October 2-4, 2015; and, be it
further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply
with all applicable state and local laws and ordinances, and shall enter into an
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of wine and hard cider on
the Ithaca Commons; and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of
Ithaca as an additional insured, and shall provide evidence of such insurance to the City
Clerk prior to the event.
Carried Unanimously
8.2 Department of Planning, Building, Zoning and Economic Development -
Amendment to Personnel Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Martell
WHEREAS, on December 31, 2014, the Office Assistant position in the Building
Division became vacant due to a retirement; and
WHEREAS, support staff in the Planning Division, along with the Building Division
Receptionist, have been managing the work in absence of the Office Assistant; and
WHEREAS, the current Receptionist, has been performing work that is qualified under
the Civil Service Job Description, as an upgrade to Permit Clerk; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Planning, Building,
Zoning, and Economic Development be amended as follows:
Add: One (1) Permit Clerk (40 hours) – Grade 6
Delete: One (1) Receptionist (40 hours) – Grade 2
And, be it further
RESOLVED, That funding for this roster change shall be derived from within the
Department of Planning, Building, Zoning and Economic Development’s existing
budget.
Carried Unanimously
8.3 Human Resources Department - Reassignment of Bargaining Unit for
Recreation Maintenance Supervisor - Resolution
By Alderperson Kerslick: Seconded by Alderperson Martell
WHEREAS, the position of Recreation Maintenance Supervisor no longer meets the
overtime-exemption criteria of the federal Fair Labor Standards Act; and
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WHEREAS, the Recreation Maintenance Supervisor position is currently assigned to
the overtime-exempt Executive Association, but has a greater community of interest
with the overtime-eligible CSEA Department of Public Works Unit; now, therefore be it
RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is
removed from the Executive Association; and, be it further
RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is
assigned to the CSEA Department of Public Works Unit at salary grade 9; and, be it
further
RESOLVED, That the increased costs associated with this reassignment shall be
absorbed within the existing Youth Bureau budget.
Carried Unanimously
8.4 City Attorney’s Office - Temporary Suspension of City’s Right to Demand
Conveyance of Land - Resolution
By Alderperson Kerslick: Seconded by Alderperson Martell
WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719-725
South Meadow Street (“Restaurant”) pursuant to a lease with a term of up to thirty
years; and
WHEREAS, a 1951 deed refers to the right of the City to demand that a 16-foot-strip of
land on the south end of that property be conveyed to the City “for street purposes”; and
WHEREAS, the City has not previously demanded that the strip of land be conveyed to
the City, and the Superintendent of Public Works has no plans to use the strip of land
for street purposes; and
WHEREAS, the “Restaurant” is to be constructed, in part, on that area and Texas
Roadhouse desires to secure a commitment from the City to temporarily relinquish its
right to require that a portion of the land be deeded to the City until (i) Texas
Roadhouse’s lease (including any renewals of that lease) expires or (ii) Texas
Roadhouse or its successors or assigns ceases to operate a business there; and
WHEREAS, the Board of Public Works has determined that the area in question has no
current public works purpose; and
WHEREAS, in consideration for this temporary suspension, Texas Roadhouse has
agreed to pay the City $33,862.58 (a valuation derived from the net present value of
thirty years of license fees for the area in question), which adequately compensates the
City for entering into the agreement; and
WHEREAS, the City Attorney’s office and Texas Roadhouse have negotiated an
agreement establishing the terms and conditions applicable to this temporary
suspension; now, therefore be it
RESOLVED, That the Mayor is authorized to sign an agreement temporarily
suspending the City’s right to demand conveyance of the land in question in a form
substantially similar to the agreement reviewed by Common Council, and take such
other actions as may be required to give effect to the agreement upon the advice of the
City Attorney.
Carried Unanimously
8.5 Planning, Building, Zoning, and Economic Development Department –
Request to Amend the 2015 Department Budget - Roster
By Alderperson Kerslick: Seconded by Alderperson Martell
WHEREAS, the City, on behalf of the 1st Street Mosaic Project, was awarded a grant
through the Community Arts Partnership’s Grants for Arts Program to fund the second
phase of the mosaic installation at the Water & Sewer Division on First Street; and
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WHEREAS, the grant funds will be used for community events and supplies; now,
therefore, be it
RESOLVED, That Common Council hereby accepts the Grants for Arts Program from
the Community Arts Partnership in the amount of $1,200.00 and amends the 2015
Planning, Building, Zoning, & Economic Development Department’s authorized budget
as follows:
Increase Revenue Account:
A8020-3989 Planning State Aid $1,200.00
Home & Community
Increase Appropriations Account:
A8020-5435 Planning Contracts $1,200.00
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive
Plan
A. Declaration of Lead Agency Status– Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review,
the lead agency shall be that local agency which has primary responsibility for approving
and funding or carrying out the action, and
WHEREAS, the proposed adoption of the comprehensive plan is a “Type I” Action under
the City of Ithaca Environmental Quality Review Ordinance, and the State Environmental
Quality Review Act and is subject to environmental review; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of Plan Ithaca as Phase I of the
City of Ithaca Comprehensive Plan.
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca is considering the adoption of Plan Ithaca as Phase I of
the City’s Comprehensive Plan; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (FEAF), dated July 16, 2015; and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Planning Department have been given the opportunity to comment on the proposed plan,
and all comments received to date have been considered; and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality
Review Ordinance and the State Environmental Quality Review Act; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as
its own the findings and conclusions more fully set forth in the Full Environmental
Assessment Form, dated July 16, 2015; and, be it further
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RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any attachments,
in the City Clerk’s Office, and forward the same to any other parties as required by law.
Carried Unanimously
C. Adoption of Plan – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the Comprehensive Plan outlines a vision for the city’s future and serves as
a guide for future decision-making, policies, and funding; and
WHEREAS, the City of Ithaca’s existing Comprehensive Plan was completed in 1971 and
has since been amended fourteen times by various targeted neighborhood and strategic
plans; and
WHEREAS, while some objectives of the 1971 plan and its amendments are still
applicable, many are not, and both local conditions and broader national and world-wide
trends that affect Ithaca have changed dramatically since then, resulting in a need for an
updated comprehensive plan that addresses present-day issues and anticipates future
ones; and
WHEREAS, the City decided to pursue a two-phased approach to its new Comprehensive
Plan, where Phase I entails the preparation of an “umbrella” plan that sets forth broad
goals and principles to guide future policies throughout the city and where Phase II will
include the preparation of specific neighborhood and thematic plans; and
WHEREAS, in accordance with the City of Ithaca Municipal Code and New York State
General City Law, the Planning and Development Board is responsible for preparing and
recommending a new Comprehensive Plan to the Common Council for adoption; and
WHEREAS, the Planning and Development Board established the Comprehensive Plan
Committee (“the Committee”) by resolution in July 2008 and charged the Committee with
the following responsibilities regarding the preparation of a proposed, new
comprehensive plan:
a) Preparing and approving a request for qualifications (“RFQ”) for a
consultant team to assist with Phase I of the development of the proposed,
new City of Ithaca comprehensive plan;
b) Reviewing the responses to the RFQ, conducting interviews of consultant
teams, and making a recommendation of a consultant team to the Planning
and Development Board, Mayor, and Common Council for their respective
approvals;
c) Overseeing the preparation of a draft of Phase I of the proposed, new
comprehensive plan, by coordinating the work of staff and the selected
consultant team, ensuring the level of public outreach and engagement
necessary to reflect community goals, and making progress reports to the
Planning and Development Board and Common Council (periodically and
as requested); and
d) Approving a draft of Phase I of the proposed, new comprehensive plan for
review and acceptance (with possible modification) by the Planning and
Development Board, recommendation by the Planning and Development
Board to Common Council, review and approval (with possible modification)
by Common Council’s Planning and Economic Development Committee,
and adoption by Common Council; and
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WHEREAS, public input has been a priority for the Committee throughout the planning
process, and the Committee made efforts to gather community input at various stages of
the plan’s development; and
WHEREAS, the Committee worked with a consultant on the initial phase of public
outreach and on the preparation of two background reports that would inform the
preparation of the new plan, but following the completion of these tasks, the City decided
to move forward without the consultant team; the remaining work on the draft plan was
completed by the Committee and staff; and
WHEREAS, using comments from the initial public outreach, as well as data on existing
conditions and trends, subcommittees of the Committee (known as “chapter groups”) and
staff created an overall vision for the City and goals for the sections of each chapter; and
WHEREAS, a series of focus group meetings were held to get comments on the goals
for each section of the plan, as well as ideas for implementation, and the chapter groups
and staff used this feedback to draft each of the plan’s chapters; and
WHEREAS, at the same time, the full Committee prepared the plan’s land use chapter
and held public workshops in April 2014; and
WHEREAS, the complete draft Phase I plan, Plan Ithaca, was made available for public
review in April 2015, and the Committee held eight open houses to get public comments
on the draft plan; and
WHEREAS, the Committee revised the draft plan to incorporate new public input, and at
its meeting on June 15, 2015, the Comprehensive Plan Committee voted to recommend
the draft Plan Ithaca for review and consideration by the Planning and Development
Board as Phase I of the Comprehensive Plan; and
WHEREAS, the Planning and Development Board held public comment on the draft Plan
Ithaca at its meeting on June 23, 2015 and reviewed the draft at a special meeting on
June 30, 2015, where it recommended it for adoption by the Common Council as Phase
I of the Comprehensive Plan; and
WHEREAS, following the July 2015 Planning & Economic Development Committee
meeting, the draft Plan Ithaca was circulated for additional comment, and a new draft,
dated August 6, 2015, was prepared that incorporates many of the submitted comments;
and
WHEREAS, the draft Plan Ithaca was submitted for review by the Tompkins County
Planning Department pursuant to §239-l-m of the New York State General Municipal Law,
which requires that all actions within 500 feet of a county or state facility, including county
and state highways, be reviewed by the County Planning Department, and has also been
distributed for review by the City of Ithaca Conservation Advisory Council; and
WHEREAS, a public hearing for the adoption of the plan was held on August 12, 2015;
and
WHEREAS, the Common Council has considered the draft Plan Ithaca as recommended
by the Comprehensive Plan Committee and the Planning and Development Board; now,
therefore, be it
RESOLVED, That the Common Council hereby adopts Plan Ithaca, dated August 6,
2015, as Phase I of the Comprehensive Plan; and, be it further
RESOLVED, That this Comprehensive Plan shall serve as a guide for future decisions
made by Common Council, City boards and committees, and City staff; and, be it further
RESOLVED, That Common Council shall establish regular reviews and updates of the
Comprehensive Plan every five years.
September 2, 2015
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Alderperson Brock questioned if the version of the Plan that is being voted on reflects
the changes that were made after the August 6, 2015 version was distributed. City
Planner Wilson responded that the only changes that have been incorporated into the
August 6th version were non-substantive comments that Alderperson McGonigal shared
via e-mail prior to August 6th.
Alderperson Brock stated that she appreciates the tremendous amount of work it has
taken to keep the Plan moving forward. She stated that she is excited about this Plan
as it puts forward a lot of very ambitious goals for the community; some subtle changes,
but some significant changes. She stated that she realizes that the Plan is just a guide
and the next step is to reach out into the neighborhoods and further develop area
specific plans. That is something she is very interested in. She acknowledged
however, that the adoption of the Comprehensive Plan vs. an endorsement or
acceptance of the Plan is a statement that the Plan is a shared vision that the City
seeks to have implemented.
She voiced her trepidation about the possible impacts of the Plan based on the recent
development of the Stone Quarry Apartment Project. She noted that the Plan was put
forward as a justification for the size and the massing of the housing project prior to its
adoption, and it highlighted the dangers of Phase I of the Plan being adopted without
the Phase II neighborhood specific plans being in place. She stated that she has
mixed feelings about the Plan as the City needs more quality jobs and quality housing.
That housing should support neighborhoods without overwhelming them. Although the
Plan states in many places that housing should be consistent and not change the
character of neighborhoods; it has already been used in ways to impart significant
change. She stated that she looks forward to the next few years as they will be integral
in seeing how this Plan moves forward.
Alderperson Fleming thanked City Planner Wilson for all of her work. She read the
following statement:
“The comprehensive plan is well - written and interesting to read and addresses almost
every imaginable aspect of the City. It’s an important and valuable and clear document.
I was disturbed, however, at the frequent references to the need for growth. There is
certainly room for growth in the City in some notable vacant or underutilized spaces, but
we should be careful to think about what kind of growth we seek and why. I am
opposed to growth for its own sake. It doesn't bother me that the City's population has
not gown as rapidly as the County's. I like living in a small uncrowded City and I think
that many others value Ithaca's size as well. Because of Cornell University the City of
Ithaca will always be a cultural hub. Adding more people will not make it more so.
One reason we are compelled to grow is to broaden the tax base so that the increasing
cost of providing services will be borne by more people.
By some estimates, if Cornell had to pay property taxes to the City it would pay about
$23M per year. According to the current MoU, Cornell pays about $1.25M per year,
most of which is designated for fire services. I grant that Cornell provides stable
employment with generous benefits to thousands of of Ithacans, including myself, and
offers free amenities such as access to the Plantations, lectures, and concerts. With
that in mind let's suggest that it would be fair for Cornell to offer the City about half of
what they might owe if they paid taxes, or about $10M. Such a contribution would free
the City to do so much of what we envision without having to grow in uncomfortable
ways.
But since that sum is not forthcoming, we are forced to think of ways to increase
revenue in other ways. I think that the reason we are doing this should always be clear
and we should not allow Ithaca to be so crowded that it is no longer pleasant to people
who intentionally seek out small less - dense cities with a cosmopolitan feel.
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There were also references throughout the plan to the need to make Ithaca attractive to
visitors and tourists. When my family and friends visit there is no shortage of things to
see and do and they leave exhausted and happy. In my mind, we want more tourists
not for their own sake but because we hope they will spend money. We should be
mindful of this and not enhance opportunities for tourists that detract from the pleasure
and peace of residents.
Finally, I was puzzled by an argument, which I've seen before, that the City does a poor
job of housing people with low incomes. If the percentage of families living in poverty in
Ithaca is higher than the percent living in poverty in the rest of the County doesn't this
show that the City does in fact do a good job of offering affordable housing? And if we
develop more affordable housing, wouldn't more low-income people move into it, thus
raising even further the percent of low-income residents in the City?
The Plan sets out a lot of goals, some of which may be conflicting. It's a great outline of
all aspects of planning and preserving our City. What is not clear to me is how we will
prioritize the goals and make decisions in light of those priorities. But I hope that at
every point we articulate the reasons for our decisions and acknowledge the constraints
under which we work.”
Alderperson McCollister stated that she agrees with many of Alderperson Fleming’s
comments, specifically the ones regarding creating an overcrowded environment for city
residents and becoming a victim of our own success. She stated that she fully supports
the Plan and lauds the work of City Planner Wilson and the Planning Division staff, and
the members of the Comprehensive Plan Committee. She voiced her concern however,
that the Plan is somewhat reactive by definition as Cornell University is a driver of so
much that happens both positively and negatively. She further stated that there may
have been a missed opportunity to think more broadly about intermunicipal
consolidation and shared services. Unfortunately each municipality in the County is still
implementing their own plans and through their individual nature, those plans tend to pit
municipalities against each other.
Alderperson Kerslick responded to comments made about growth, stating that he does
not consider the Plan as being complete. He voiced his appreciation for the work of the
Committee and City staff, noting that it puts the City in a proactive position in terms of
growth and development. He agreed that the City needs to do a better job of coordinating
with other municipalities within the county, as much of the growth that has been occurring
has been outside of the City. Whereas the population of the City has remained relatively
steady; many of the stresses and demands for services related to growth are focused on
the City. He highlighted the need for improved cooperation with the County as City
residents also pay County property taxes, and the City should have a better
understanding of how those taxes/resources are distributed. He also agreed that Cornell
University has a role to play as they are growing and have a new Tech campus; noting
that the City has been trying to accommodate the needs of a world class institution on a
very small operating budget. He stated that the City should identify the type of growth
wanted through this Plan with it being more detailed in Phase II of the project.
Alderperson Kerslick further voiced concern regarding the last Resolved clause which
states that “a review would be established every 5 years”. He noted that it is a very short
time period for this size of a project, and the language is not specific regarding who would
conduct the review. He recommended a friendly amendment that would read “Common
Council shall establish regular reviews and updates of the Comprehensive Plan every five
years.”
City Planner Wilson responded that the review is not meant to be a full blown rewrite of
the Plan, but an update of the City’s goals, recommendations, collected data,
accomplishments, etc. She further responded to comments made about growth, stating
that no one envisions growth for the sake of growth; however, the City’s goal is to
provide opportunities for those who want to live in the city and have access to city
services.
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Mayor Myrick addressed comments made about affordable housing needs. He noted
that this is an unusual Comprehensive Plan as it was written more by the community
itself than the consultants and staff.
Alderperson Murtagh addressed comments made regarding rapid growth, noting that
Ithaca is in a period of change. He lauded the work that went into the Plan that will
ensure that development projects are compatible with the built environment, Ithaca’s
history, architecture, culture, and preservation efforts. He stated that the Plan seems
very balanced, and reflects the fact that the community is trying to grow responsibly.
Alderperson McGonigal stated that he was encouraged by the comments made by his
colleagues, noting that he shares their concerns. He appreciates fact that the Plan is
not the “Ten Commandments”; however it is a listing of ideas that will be prioritized as
appropriate. In terms of density, he feels that each project should be evaluated by the
scale of project and how it fits on the site. He noted that as property values grow, so do
property taxes and that is not always a good thing for working class people who are
struggling to stay in their homes.
Alderperson Clairborne thanked staff and the Committee for all of their work on this
Plan. He stated that the Plan has sparked a conversation, noting that the structure is
built and now the conversation needs to continue in order to fully implement this Plan;
noting that Phase II of the Plan will take the concepts that are listed in the Plan and
build forward. He further noted that additional housing does not always impact rents in
a manner that benefits renters as new “market rates” tend to be set that are usually
higher. He voiced his concerns regarding the potential of gentrification of
neighborhoods and losing levels of community diversity.
Alderperson Smith echoed comments made regarding maintaining the cultural fabric of
community. He referenced a conversation he had with a Collegetown housing
developer, noting that they do not carry vacancy rates. This highlights the fact that
additional housing is needed; however, the City should identify areas that can
accommodate additional growth so that it does not negatively impact our
neighborhoods.
Alderperson Mohlenhoff noted that she has been working with the Comprehensive Plan
Committee for many years and feels that enough thanks cannot be expressed to the
Planning Division staff and all of the volunteers that dedicated years of work toward this
Plan. She stated that the Comprehensive Plan is meant to be a living, breathing, and
evolving document, and she is very excited to see next phase of this Plan begin.
City Planner Wilson stated that she would like to bring the recommendations of the
Comprehensive Plan Committee to next week’s Planning & Economic Development
Committee meeting to determine where to begin the Phase II process.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Agreement with Ithaca Neighborhood Housing Services (INHS) for Future
Improvements to Lake Avenue and Eastern Portion of Adams Street – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) in 2014 purchased the
parcel known as 210 Hancock Street and began seeking community and Planning
Board input; and
WHEREAS, based on this input, INHS has proposed a development plan of the 210
Hancock parcel that includes improvements to Lake Avenue for a pedestrian and
bicycle pathway and incorporation of a playground structure in the eastern section of
Adams Street; and
WHEREAS, City staff is generally supportive of the development plans proposed by
INHS, and INHS is in the process of obtaining site plan approval; and
September 2, 2015
12
WHEREAS, INHS has agreed to construct and maintain such improvements at its cost
in accordance with City specifications affording City vehicles the ability to continue to
access the creek through the improved site as needed for public works or safety
purposes; and
WHEREAS, the improvements and land underneath such improvements shall be the
property of the City, and will be open to the public; and
WHEREAS, INHS has agreed to be responsible for maintenance and liabilities resulting
from use of the improved site, except for any liabilities which are caused by the City’s
negligence or willful misconduct, which shall be the City’s responsibility; and
WHEREAS, in consideration for these agreements, the City has agreed to seek
discontinuance of Lake Avenue and the eastern portion of Adams Street; and
WHEREAS, the discontinuance process will require environmental review, public
comment, and discretionary approval (or denial) by the Board of Public Works; and
WHEREAS, INHS has asked for an agreement from the City that it commits to seek
discontinuance in order to satisfy certain requirements related to the Low Income
Housing Tax Credits that INHS is seeking; now, therefore be it
RESOLVED, That the Mayor is authorized to execute an agreement with INHS
substantially similar to that included herewith, and for a term not to exceed fifty (50)
years, concerning the use of Lake Avenue and the eastern portion of Adams Street.
Alderperson Brock commented that the agreement lacks a clause that would allow the
City to reclaim use of the land. City Attorney Lavine stated that the city would have a
tremendous amount of control of the space during the 50 year term of agreement;
however, it does not contain an at-will termination clause. He noted that this piece of
land will have a very public use and he supports the agreement.
A vote on the Resolution resulted as follows:
Carried Unanimously
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ITHACA AND
ITHACA NEIGHBORHOOD HOUSING SERVICES, INC.
THIS AGREEMENT, entered into the _____ day of ____, 2015, between the CITY
OF ITHACA (“City”) and ITHACA NEIGHBORHOOD HOUSING SERVICES, INC.
(“INHS”).
WHEREAS,
a. INHS has acquired the property known as 210 Hancock Street and 423 First
Street, City of Ithaca (the “INHS Property”) and intends to redevelop the INHS
Property into a mixed use residential project (the “Redevelopment Project”);
b. INHS has proposed certain improvements to City-owned land as a part of the
Redevelopment Project, and the City is supportive of such improvements;
c. As a condition of site plan approval for the Redevelopment Project, INHS will
commit to construct and maintain pedestrian and bicycle paths and a play
structure on a portion of Lake Avenue and Adams Street (collectively the “Street
Parcel”) as shown on the attached survey map, and to uphold all other obligations
under this Agreement;
d. The City owns the Street Parcel and has agreed to seek the discontinuance of
those portions of Lake Avenue and Adams Street for vehicular traffic so that the
Street Parcel can be used in the Redevelopment Project as described herein and
subject to the terms and conditions of this Agreement; and
September 2, 2015
13
e. In consideration of the mutual covenants and agreements in connection with the
Redevelopment Project, the Parties agree to the terms and conditions set forth
herein.
NOW THEREFORE IT IS HEREBY AGREED THAT:
Term
1. This Agreement shall be for a term of fifty (50) years commencing on the date upon
which all of the following conditions have been fulfilled:
a. Site Plan Approval,
b. Receipt of Notice of Award of Low Income Housing Tax Credits for the
Redevelopment Project, and closing on all financing necessary to construct the
same,
c. Satisfactory completion of the discontinuance process for the Street Parcel.
2. In the event that the conditions stated in paragraph 1 have not been fulfilled within
three years of execution of this Agreement, this Agreement shall terminate.
3. Upon termination, INHS shall be relieved of further responsibility for maintenance and
repair of the Street Parcel, and shall have no rights to the same as distinct from
members of the public.
INHS Obligations
4. INHS shall timely apply for site plan review approval pursuant to City requirements for
the Redevelopment Project. The proposed site plan shall include community paths for
public use on the Street Parcel and a community play structure on the former Adams
Street parcel. The design and layout of the paths and the play structure, including
landscaping and trash receptacles and the items set out at Section 7, shall be
presented and approved as part of the site plan for the Redevelopment Project. INHS
acknowledges that the adherence to the terms and conditions of this Agreement shall
be a condition of site plan approval by the Planning Board of the City.
5. The community paths and play structure may be used by the public during the hours
between 5:00 a.m. and one-half hour after sunset, and by the City, for municipal
purposes, at any time.
6. The construction and maintenance of the community paths and play structure shall be
the sole responsibility of INHS. Without limitation of the foregoing, but as clarification
and in addition
a. INHS will maintain at its own expense the improvements approved of in the site
plan on the Street Parcel, including but not limited to the paths and play
structure, in a safe, sound, clean and serviceable condition, in accordance with
all applicable ordinances of the City, such that no hazard is posed to the public
from the public’s use of or proximity to the same, and will repair damage and
defects in such improvements, as provided in this Agreement.
b. INHS will provide custodial and landscaping services to maintain the
appearance of the improvements, including trash removal and routine care of
vegetation in the improved area as described by the site plan and in
accordance with City exterior property maintenance ordinance.
c. INHS will plow the paths clear of snow to the City’s reasonable standard and in
compliance with the City’s exterior property maintenance ordinance, or will
contract for the same.
d. INHS shall maintain all improvements and all land within the Street Parcel.
INHS shall not be responsible for maintaining land outside the surveyed
boundary of the Street Parcel.
e. INHS will not have a duty to repair damages and defects caused by the City’s
use of the Street Parcel. For purposes of this clause, the public’s use shall not
constitute the City’s use.
September 2, 2015
14
7. The design of the community paths and play structure shall be subject to the
approval of the Superintendent of Public Works to assure that City emergency and
maintenance vehicles have access to the adjoining creek. Final details shall be as
set forth in the site plan approval, but shall include the following:
a. The main path on the former Lake Avenue parcel shall be 10 feet wide, so as
to allow use and access by City vehicles as part of the City’s maintenance
duties. It shall be made of materials strong enough to support the stress of
City maintenance vehicles.
b. The site plan shall delineate the turning radius for a snow plow at the
intersection of Adams Street and Alice Miller Way. This radius shall set the
boundary of property maintenance responsibilities between the City and INHS
in that area. This radius will set the boundary for the portion of Adams Street
that the City will seek to discontinue. These boundary lines are shown on the
attached survey.
c. A fence, hedgerow or other demarcation as approved in the site plan shall be
installed along the property line between the INHS Property and the Street
Parcel.
8. INHS shall obtain at its expense a survey to show the location of all improvements
and the lines delineating the property which is under INHS maintenance and that
which is under City maintenance duties.
City Obligations
9. The City will remain the owner of record for the Street Parcel. In the unlikely event that
the Street Parcel is classified by Tompkins County as taxable, any amounts due for
taxes or assessments shall be paid by the City.
10. The City is responsible for the creek bank. INHS shall not be responsible for
maintenance of trees or other vegetation on the bank, or otherwise outside the
surveyed boundary of the Street Parcel. The City shall maintain lighting, likely
comprised of pre-existing on-site fixtures, and the utility cost of lighting along the
property.
11. The City has the right to use the Street Parcel to access the creek, canal,
embankments and walls, or for any other reason, including by any vehicular or
mechanical means selected by the City.
12. The City will provide timely notice to INHS of any damage or defects to the Street
Parcel and its improvements. INHS further agrees to repair or remove any such
damage or defect, as directed by the City except for damage or defect caused by
the City. In the event of INHS’s failure to effect such repair or removal, after notice
from City to do so, the City may carry out the same and charge INHS for such cost,
plus a 25% administrative charge.
13. The City shall be the sole owner of the improvements, and may in its sole discretion
alter, remove, or destroy the improvements, at its own expense. If the City alters the
improvements, including all paths, INHS obligations under this Agreement shall
continue to such extent as those obligations are substantially similar in substance and
scope to the obligations herein agreed, provided that the public use of the paths
continues to be solely for pedestrian and bicycle access. The City shall provide INHS
with notice at least ninety (90) days prior to substantially and intentionally altering,
removing or destroying the improvements, permitting INHS to provide comment on
such plans.
14. Notwithstanding the foregoing paragraph, the City may not during the term of this
Agreement alter remove or destroy the play structure. Any damage to the play
structure caused by the City shall be promptly repaired at the City’s expense.
September 2, 2015
15
15. The City may close public access to the Street Parcel and improvements as necessary
to work on the creek, canal, embankments or walls or for safety hazards posed, or on
any other safety hazards posed on the Street Parcel. This restriction may limit the
access of residents living in the INHS-constructed townhomes.
16. Except in the case of emergencies, the City will give notice to INHS and, as feasible,
the residents of the Redevelopment Project of any substantial closures, repairs, and
maintenance that it plans to perform.
17. Contingent upon the execution of this Agreement and the site plan approval for the
Redevelopment Project, the City shall diligently and in good faith pursue the
discontinuance process for the Street Parcel, with ultimate discretion to complete or
not complete the discontinuance vested solely in the City.
18. Notwithstanding any other provisions herein, the Agreement contained herein may be
revoked or modified by the City (a) upon such notice as is practical, in the event of an
emergency that threatens property or the public safety or welfare, or (b) upon at least
one month’s notice that the Superintendent of Public Works has determined that INHS
has failed to comply with any substantive term herein, and that INHS has not cured
such breach within the notice period.
Indemnification, Liability, and Insurance
19. INHS shall defend, indemnify, and hold harmless the City from any claims, damages,
costs, and expenses arising from or in connection with physical injury (up to and
including death) sustained on the Street Parcel, unless caused by defects in the
property that are (a) caused by any negligence or willful misconduct on the part of the
City, or (b) as to which the City received prior written notice, as defined in Section C-
107 of the City of Ithaca Charter, but then failed to so inform INHS within one week of
receipt thereof.
20. The City shall defend, indemnify, and hold harmless INHS from any claims, damages,
costs and expenses arising out of defects in the property (a) to the extent solely
caused by negligence or willful misconduct of the City.
21. When INHS and the City have both contributed to liabilities incurred by the Parties,
each will indemnify the other in proportion to its respective responsibility for the act or
omission that gave rise to such liability, except that the City’s responsibility under this
paragraph shall extend only to its negligence or willful misconduct.
22. Notwithstanding any other provision of this Agreement, in no event shall the City be
required to defend, hold harmless, or indemnify INHS or any other party from suits,
actions, damages, liability, or expense which, had it been asserted against the City
directly, would not have necessitated the City either to defend on the merits or to incur
the resulting liability under applicable law.
23. At all times that the Agreement is in effect, including during construction of the
improvements, INHS shall provide proof of commercial general liability coverage in
the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate, and umbrella
coverage of $5,000,000, and as revised by the City from time to time. The insurance
policies shall include the City of Ithaca as an additional insured. INHS shall also
provide proof of compliance with statutory Worker’s Compensation and Disability
coverage requirements.
September 2, 2015
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Miscellaneous
24. The City may add any unpaid fees, reimbursements, penalties or other amounts INHS
owes the City by virtue of INHS’ obligations and responsibilities under this Agreement
to the tax bill of the INHS Property.
25. Except as otherwise set forth in this Agreement, the Parties shall bear their own costs
and expenses, including engineering fees, legal accounting, and fees incurred in
connection with the negotiation and preparation of this Agreement and any
subsequent exercising of rights or performance of obligations set forth in this
Agreement. In the event that a party is determined by a court of competent jurisdiction
to be in breach of any of the substantive terms of this Agreement, the party found to
be in breach shall be liable for the costs and reasonable attorneys’ fees of the party
that asserted and prevailed upon such claim.
26. The use by INHS of the above-described property of the City does not constitute and
shall never ripen into or become a right to use any portion of such property without the
consent of the City, but is and shall continue to be only a use by sufferance of said
property of the City, as evidenced by a duly executed and current Agreement.
27. This Agreement supersedes all prior Agreements, understandings, and
communications between the Parties, whether oral or in writing, concerning the
subject matter of this Agreement. This Agreement may not be modified or amended
except by a writing signed by all Parties. The waiver by a party of its rights under this
Agreement or of a breach by any other party shall not constitute a waiver of any other
rights under this Agreement or of any future breaches by any party.
28. If any part, paragraph, or portion of this Agreement is held to be void, invalid,
inoperative, or unenforceable for any reason, such provision shall be deemed severed
and the remainder of this Agreement shall not be impacted and shall continue in full
force and effect, unless to do so would fundamentally contravene the present valid
and legal intent and purpose of the Parties. The Parties agree that each and every
provision that is deemed by a court of competent jurisdiction to have been required by
law to be included in this Agreement shall be deemed to be inserted herein and shall
have the same force and effect as if it were actually inserted.
29. This Agreement may not be assigned by either party without the express written
consent of the other party, which consent shall not be unreasonably withheld or
delayed. Notwithstanding the foregoing, INHS may assign the Agreement to any
entity in which it holds a controlling interest or serves as the managing member of and
which becomes the owner of the INHS Property. This Agreement is not intended to
benefit any third-party, and no person or entity who is not a party shall be entitled to
enforce any of the rights, interests, or obligations of a party to this Agreement.
30. This Agreement shall be governed by the laws of the State of New York. Any action
or proceeding relating to this Agreement shall be venued in a court of competent
jurisdiction that is located in the County of Tompkins.
31. All notices required by this Agreement shall be in writing and shall be sent by certified
mail, return receipt requested, personal delivery, or facsimile at the following
addresses:
To the City:
Mayor and City Attorney
City of Ithaca
108 East Green Street
Ithaca, NY 14850
September 2, 2015
17
To INHS:
Executive Director
115 West Clinton Street
Ithaca New York, 14850
32. The terms and provisions of this Agreement shall be binding upon the heirs,
successors, distributees and assigns of the parties hereto.
CITY ADMINISTRATION COMMITTEE:
10.1 Authorization to Enter Into Agreement with Tompkins County and Cornell
University to Continue the Housing Fund Program for an Additional Six Years
A. Declaration of Lead Agency Status– Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of
the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require
that a lead agency be established for conducting environmental review of any action
subject to such review, in accordance with state and local environmental law; and
WHEREAS, SEQRA specifies that the lead agency shall be that agency which has
primary responsibility for approving, funding or carrying out the proposed action; and
WHEREAS, the proposed action is execution of a Memorandum of Understanding
(“MOU”) among and between Tompkins County, the City of Ithaca and Cornell
University to continue the Housing Fund program to increase the supply of affordable
housing, and the commitment of funding under the MOU, which is an “Unlisted” Action
pursuant to CEQRO, thereby requiring environmental review; and
WHEREAS, Tompkins County has conducted a separate environmental review on their
authorization to execute the proposed MOU; and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
as lead agency for the environmental review of this proposed action.
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
WHEREAS, the Common Council is considering execution of a Memorandum of
Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and
Cornell University to continue the Housing Fund program to increase the supply of
affordable housing, and the commitment of funding under the MOU; and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action; and
WHEREAS, the proposed action is categorized as an “Unlisted” action under the City
Environmental Quality Review Ordinance (CEQRO); and
WHEREAS, each housing project assisted through the Housing Fund program will
undergo a separate environmental review as a condition of receipt of financial
assistance; and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be
it
September 2, 2015
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RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed action will result in no significant impact on the environment and that a
Negative Declaration for purposes of Article 8 of the Environmental Conservation Law
be filed in accordance with the provisions of Part 617 of the State Environmental Quality
Review Act.
Carried 9-0
Alderperson Kerslick absent from the vote
C. Authorization for Agreement - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, on April 1, 2009, the Common Council authorized the Mayor to execute a
Memorandum of Understanding (MOU) among and between the City of Ithaca,
Tompkins County and Cornell University to establish the Housing Fund to provide
financial assistance for the creation of affordable housing units as recommended in the
Common Council-endorsed 2007 Housing Strategy for Tompkins County (Housing
Strategy); and
WHEREAS, the Housing Strategy recommended implementation of the following
initiatives to produce new housing for lower and middle income households in close
proximity to services, jobs and transit:
1. Inclusionary and incentive zoning
2. Community housing trust fund
3. Employer assistance
4. Housing affordability fund; and
WHEREAS, per the 2009 MOU, the parties agreed to the following minimum funding
contributions over six years:
$1,200,000 Cornell University
$600,000 Tompkins County
$600,000 City of Ithaca
$2,400,000 Total, and
WHEREAS, over the first six years of the program, 124 affordable housing units have
been constructed and an additional 80 housing units have been awarded competitive
funding and are expected to be constructed; and
WHEREAS, Ithaca continues to experience a severe housing affordability problem
where 56% of all renter households, and 21% of homeowner households, are financially
stressed by paying more than 30% of income for housing; and
WHEREAS, the 2009 MOU expires in 2015 and the program will terminate without
renewed funding commitments; and
WHEREAS, the Housing Fund is managed by the Program Oversight Committee made
up of three representatives from each signatory; and
WHEREAS, the Program Oversight Committee recommends continuation of the
program; and
WHEREAS, Tompkins County and Cornell University have indicated they are committed
to continue to fund and participate in the program for an additional six-year terms,
contingent upon City of Ithaca participation; and
WHEREAS, a new 2015 MOU has been developed whereby Tompkins County, the City
of Ithaca and Cornell University would fund the program an additional six years at the
original minimum funding levels contained in the 2009 MOU; and
WHEREAS, the 2015 MOU changes the program’s name to the “Community Housing
Development Fund” from the “Housing Fund” to clarify its purpose; and
September 2, 2015
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WHEREAS, the City’s 2015 contribution of $100,000 to the Community Housing
Development Funds was authorized as a capital project in the FY2015 City of Ithaca
budget; and
WHEREAS, environmental review of this matter has been has been completed; and
WHEREAS, the City Administration Committee reviewed this matter at their August 19,
2015, meeting and recommend the following; now, therefore, be it
RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to
execute the 2015 Memorandum of Understanding with regard to the Community
Housing Development Fund among and between the City of Ithaca, the County of
Tompkins and Cornell University; and, be it further
RESOLVED, That upon full execution of the MOU, the City’s annual funding
commitment under the MOU will be derived from an annual appropriation included the
municipal budget and/or from authorization of a capital project(s), as determined by
Common Council; and, be it further
RESOLVED, The Mayor is authorized to accept any revisions to the 2015 MOU that do
not substantially or materially alter its intent or substance; and, be it further
RESOLVED, That any funding award of City of Ithaca funds provided pursuant to the
MOU for a specific housing project shall be separately approved by the Common
Council prior to disbursement from the Community Housing Development Fund.
Alderperson Brock questioned the types of housing that is eligible for this funding.
Community Development Director Bohn explained that the Community Housing
Development Fund has always been open to both owner-occupied and rental housing.
He noted that there was a financial incentive for owner occupied housing developments;
however, awards have been a mix of both types of housing along with mixed housing
projects. He described the process for approvals and stated that the awarded projects
depend on developers coming forward and responding to the RFP.
Alderperson Brock voiced her preference that the City’s contribution be folded into the
operating budget and not be part of capital borrowing.
Alderperson Clairborne voiced his appreciation for the program noting that it has been a
good partnership with the County and Cornell University. He further thanked
Community Development Director Bohn for all of his work on this committee.
Alderperson Kerslick questioned how interested developers would learn about changes
being made to the program. Community Development Director Bohn explained that the
Tompkins County Planning Department works directly with the developers as the
application is demanding and requires a lot of detail. He noted that showing successes
is best way to demonstrate the benefits of the program and to get different/additional
developers involved with the program.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 Mayor - Approval of a New Bus Service in the City - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or
stand on any City street, nor shall such bus pick up or discharge passengers on any such
City street or curb, or any other public property, or at or within 200 feet of any City bus
stop in the corporate limits of the City of Ithaca, unless a permit is obtained therefor from
the Common Council or its designee; and
WHEREAS, the Department of Public Works has received an application from Big Red
Bullet, LLC to operate a transit service between Ithaca and New York City, including stops
in the City; and
September 2, 2015
20
WHEREAS, Tompkins Consolidated Area Transit (TCAT) has expressed concerns about
the two proposed bus stops, namely in front of the Performing Arts Center and the East
Seneca Street bus stop; and
WHEREAS, TCAT and staff have recommended use of the south curbline of East Green
Street, immediately east of the pedestrian signal, staff has discussed the option with the
representative of Big Red Bullet, who is in agreement with this location; and
WHEREAS, the applicant and staff have not yet found an acceptable alternate location in
Collegetown, but are both willing to continue working on a possible location; now,
therefore be it
RESOLVED, That Common Council approves of the use of the East Green Street location
and the related proposed City streets; and, be it further
RESOLVED, That Common Council delegates the authority to approve a second location
for passenger pick up and discharge to the Board of Public Works, should the applicant
and staff find an acceptable alternate location in Collegetown, after consultation with
TCAT.
Discussion followed regarding the Big Red Bullet’s business plan and the unmet need
within the community.
Alderperson Brock shared accessibility concerns expressed by the Disability Advisory
Council about the Cornell University Shuttle Bus to New York City and asked if this
service would be accessible for people with disabilities. Mr. Nichols responded that
people would need to make arrangements two days in advance, but some of the buses
will be outfitted with wheelchair lifts and other accessible amenities. Big Red Bullet,
LLC works with a company that charters buses so the advanced notice is needed to
make arrangements for the appropriate buses.
Further discussion followed on the location of the bus stop and the City’s existing bus
service policy.
A vote on the Resolution resulted as follows:
Carried Unanimously
City Controller’s Report
City Controller Thayer reported on the following:
2016 budget development is ongoing – departmental meetings have been
completed
The City is facing a $750,000 budget gap – deficit drivers include labor costs and
fringe benefits; debt costs; and departmental operations. These costs are offset
by property taxes; permit revenues; State Aid; and other revenues. Health
insurance costs are rising 4% in 2016; Pension figures should be in soon and
there is an anticipated reduction in costs. The 2016 Property tax cap is .73%; it
will be 2% with growth factored in. Assessments are up 1.7%
2015 Activity:
Sales tax is currently running .8% below 2014 figures (approximately $57,000).
Good feedback has been received from the Commons merchants upon
completion of construction.
Overtime – $717,000 has been spent of the $947,000 budget; this line is on pace
to exceed the budget.
$843,000 has been collected in building permit revenue; $700,000 was
budgeted.
September 2, 2015
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$1.4 million has been collected in parking revenue; $2.4 million was budgeted –
this line is on pace to fall below budget but the new technology is showing
positive results.
Discussion followed on the floor regarding the parking system: rates, revenue
projections, public education, neighborhood parking, the Parkmobile Phone App, the
number of pay stations in place and the plan to deploy additional pay stations in 2016.
NEW BUSINESS:
Mayor Myrick thanked everyone who joined the Commons celebration, and the
completion of the Cayuga Waterfront Trail. He noted that there are six more ribbon
cuttings tomorrow for various businesses and projects.
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported that she would share the comments made at the Board of
Public Works meeting regarding Cayuga Street bike lane issue.
She further reported that the Engineering Division gave two very good presentations:
Analysis of segments of streets by condition
Retaining wall study by condition
She further noted that a petition has been received by the residents in the Giles Street /
Bridge Street neighborhood requesting a change in parking regulations due to the
issues they’ve been having related to the use of the Second Dam.
TCCOG
Alderperson Clairborne reminded everyone of the upcoming training “Facilitating
Effective Participation in the HEATED Public Meeting” on Friday, September 18, 2015
from 11:30 am – 5:00pm that is being sponsored by TCCOG, CDRC, the City of Ithaca,
and the Towns of Ithaca, Dryden, and Caroline.
Access Oversight Committee
Alderperson Clairborne reported that the digital PEG television channels have been
changed as follows:
97-3= channel 13 public access has been moved to 97-1
97-4= channel 15 government access has been moved to 97-3
97-5= channel 16 educational access has been moved to 97-2
97-6= City of Ithaca channel has been moved to 97-4
97-7=SCOLA
Those watching PEG channels with a cable box or with a digital adapter will still find the
PEG channels in their regular channel locations (13, 15,16).
Giving is Gorges
Alderperson Mohlenhoff reported that the Giving is Gorges initiative raised over
$118,000 and benefited 120 not-for-profit agencies in Tompkins County. She thanked
the community for their generosity.
REPORT OF CITY ATTORNEY:
Motion to Enter into Executive Session to Discuss Pending Litigation
By Alderperson McCollister: Seconded by Alderperson Clairborne
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
September 2, 2015
22
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the August 5, 2015 Common Council Meeting Minutes –
Resolution
By Alderperson Clairborne: Seconded by Alderperson Smith
RESOLVED, That the minutes of the August 5, 2015 Common Council meeting be
approved as amended.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor