Loading...
HomeMy WebLinkAbout09-02-15 Common Council Meeting Agenda OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, September 2, 2015, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing Regarding the Proposed Assessment Roll, Budget, And Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2016 5. 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" — Report from Vicki Armstrong 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and TechnologV: 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 City Administration Committee: 8.2 Department of Planning, Building, Zoning and Economic Development - Amendment to Personnel Roster— Resolution 8.3 Human Resources Department - Reassignment of Bargaining Unit for Recreation Maintenance Supervisor - Resolution 8.4 City Attorney's Office - Temporary Suspension of City's Right to Demand Conveyance of Land - Resolution 8.5 Planning, Building, Zoning, and Economic Development Department — Request to Amend the 2015 Department Budget - Roster Common Council Meeting Agenda September 2, 2015 Page 2 9. 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 B. Determination of Environmental Significance — Resolution C. Adoption of Plan — Resolution *The link to the Comp Plan webpage is: http://www.cityofithaca.org/l 65/City-Comprehensive-Plan 9.2 Agreement with Ithaca Neighborhood Housing Services (INHS) for Future Improvements to Lake Avenue and Eastern Portion of Adams Street — Resolution 10. 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 B. Determination of Environmental Significance — Resolution C. Authorization of Agreement - Resolution 10.2 Mayor - Approval of a New Bus Service in the City - Resolution 10.3 City Controller's Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the August 5, 2015 Common Council Meeting Minutes — Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. Julie Conley Holcomb, CIVIC City Clerk Date: August 27, 2015 8. 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 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. 8. CONSENT AGENDA ITEMS — (CONTINUED): City Administration 8.2 Department of Planning, Building, Zoning and Economic Development - Amendment to Personnel Roster - Resolution 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. 8.3 Human Resources Department - Reassignment of Bargaining Unit for Recreation Maintenance Supervisor - Resolution WHEREAS, the position of Recreation Maintenance Supervisor no longer meets the overtime-exemption criteria of the federal Fair Labor Standards Act; and 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. I " CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF HUMAN RESOURCES/CIVIL SERVICE ' Telephone: 6071274-6539 Fax: 607/274-6574 MEMORANDUM To: City Administration Committee From: Valerie Saul, Deputy Human Resources Director � Date: August 6, 2015 RE: Reassignment of Bargaining Unit The federal Fair Labor Standards Act provisions regarding exemptions from overtime compensation periodically change, and are currently changing. As a result, we are reviewing our overtime-exempt positions to ensure that they continue to meet the new exemption criteria. The position of Recreation Maintenance Supervisor, which is currently assigned to the overtime-exempt Executive Association, no longer meets the overtime exemption criteria. In the past, when an Executive Association position has lost its overtime exemption, we have reassigned the position to the appropriate CSEA bargaining unit of overtime-eligible positions. We would like to act consistently with the Recreation Maintenance Supervisor position and reassign it to the CSEA DPW Unit. The Executive Association has no objections to this proposed action. A resolution reassigning the Recreation Maintenance Supervisor position is attached. 8.4 City Attorney's Office - Temporary Suspension of City's Right to Demand Conveyance of Land - Resolution 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. R5IT CITY OF ITHACA AF108 East Green Street Ithaca New York 14850-6590 e a OFFICE OF THE CITY ATTORNEY ° Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 m Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Jared Pittman, Assistant City Attorney Date: August 7, 2015 Subject: Temporary Suspension of Rights at 719-725 South Meadow Street Texas Roadhouse Holdings LLC is scheduled to begin construction of a restaurant located in the commercial complex at 719-725 South Meadow Street this fall; its initial leasehold is for up to thirty years. A 1951 deed refers to the right of the City to demand that a 16-foot-wide strip of land on the south end of the property be conveyed to the City "for street purposes," but this has never been done, and there are no plans to demand that this land be conveyed to the City for street purposes. The proposed restaurant will be built in part on this area, and Texas Roadhouse has requested that the City temporarily suspend its right to demand conveyance of that portion of the property around the restaurant 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. With the support of the Superintendent of Public Works and the Director of Engineering, the Board of Public Works passed a resolution finding that the area in question has no current public works purpose. In exchange for the City temporarily relinquishing its rights to the area in question, 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 depicted on the attached map. City staff is confident that this payment adequately compensates the City for entering into the agreement. A draft agreement and map demonstrating the area of land in question is attached to the proposed resolution. RECORDING REQUESTED AND AFTER RECORDING RETURN TO: Texas Roadhouse Holdings LLC 6040 Dutchmans Lane Louisville,Kentucky 40205 Attention: Legal Department AGREEMENT REGARDING TEMPORARY SUSPENSION OF RIGHTS THIS AGREEMENT REGARDING TEMPORARY SUSPENSION OF RIGHTS (this "Agreement") is executed this day of , 2015, by and among BUFFALO- ITHACA ASSOCIATES, LLC, a New York limited liability company ("Landlord"), TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company ("Tenant"), and CITY OF ITHACA, a New York municipality("City"). RECITALS WHEREAS, Landlord is the current fee simple owner of certain property located in Ithaca,New York and as more particularly described on Exhibit "A" attached hereto and made a part hereof(the "Property") pursuant to that certain Deed recorded on April 23, 1999 in Liber 844, Page 299 of the Tompkins County,New York official records; WHEREAS, Landlord, as landlord, and Tenant, as tenant, entered into that certain Ground Lease dated August 8,2014, as amended by that certain First Amendment to Ground Lease dated November 12, 2014, as further amended by that certain Second Amendment to Ground Lease dated June 15, 2015, as further amended by that certain Third Amendment to Ground Lease dated June 29, 2015, and as further amended by that certain Fourth Amendment to Ground Lease dated , 2015 (as the same may have been further amended,modified and/or supplemented, the "Lease") for the lease of a portion of the Property as more particularly identified on the site plan attached hereto as Exhibit `B" and made a part hereof(the "Premises"); WHEREAS, a Memorandum of Lease evidencing the Lease has been or will be recorded in the official records of Tompkins County,New York; WHEREAS, pursuant to that certain Deed dated June 12, 1951 from William R. Lanphear to Plaza Motel of Ithaca, Inc. recorded in Liber 342, Page 55, the Property is subject to a requirement that the then existing fee simple owner of the Property shall, upon request by City, convey and deed a sixteen (16) foot strip of land located on the southerly portion of the Property to City for street purposes as more particularly shown on attached Exhibit `B". For the purposes of this Agreement, the sixteen (16) foot 1 strip of land located on the Premises shall be known as the"Waiver Area"; WHEREAS, as a part of Tenant's initial construction on the Premises, Tenant intends to construct a new building containing approximately 7,163 square feet as more particularly shown on attached Exhibit`B"(the"Building"); WHEREAS, as currently designed,the southern portion of Tenant's Building will encroach upon a portion of the Waiver Area; WHEREAS, Tenant requests that City temporarily suspend City's right to require Landlord to convey the Waiver Area to City for the purposes of constructing a street until the later of(i)the expiration or earlier termination of the Lease (as the same may be extended) or (ii) the date Tenant or any of its successors or assigns cease to operate its business on the Premises (such later date hereinafter referred to as the "Suspension Expiration Date"). The period commencing on the date of this Agreement and expiring on the Suspension Expiration Date shall be known as the"Suspension Period"; WHEREAS, City is willing to suspend its right to require Landlord to convey the Suspension Area to City for the purposes of constructing a street for the Suspension Period, subject to City's receipt and Tenant's payment of a previously agreed upon amount; and WHEREAS, Landlord joins this Agreement as an intended third parry beneficiary and for the purpose of consenting to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants made herein and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The recitals set forth above are true and accurate and are hereby incorporated herein by reference. 2. Suspension. In consideration of the payment of certain agreed upon funds by Tenant to City(which amount is hereby acknowledged to have been received by City), City hereby unconditionally suspends its right to require Landlord and/or any subsequent owner of the Suspension Area to convey the Suspension Area to City for the purpose of constructing a street during the Suspension Period. Landlord hereby joins this Agreement as an intended third party and for the purpose of acknowledging and consenting to the terms and conditions of this Agreement. 3. Notice. Any and all notices required under this Agreement shall be deemed to be properly served if delivered in writing personally, or sent by certified mail with return receipt requested, or by nationally recognized overnight delivery service, pre-paid, for overnight delivery with receipt requested,to Landlord at the address set forth below or to Tenant at the address set forth below or to City at the address set forth below or to any subsequent address which any of the parties may designate in writing for such purpose. Any notice required under this Agreement shall be deemed to have been delivered and received on the date of actual receipt, or if receipt is refused, then (i) one (1) business day following deposit with such nationally recognized overnight courier, (ii) five (5) business days after deposit in the U.S. mails by certified mail, return receipt requested, and/or (iii) on the date of delivery or refusal if by hand delivery. If to Landlord: Buffalo-Ithaca Associates,LLC c/o DDR Corp. 3300 Enterprise Parkway 2 Beachwood, Ohio 44122 Attention: General Counsel If to Tenant: Texas Roadhouse Holdings LLC 6040 Dutchmans Lane Louisville,Kentucky 40205 Attention: Legal Department If to City: City of Ithaca 108 East Green Street Ithaca,New York 14850 Attention: City Attorney 4. Miscellaneous. (a) This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and can be altered, amended or modified only by written instrument executed by such parties. (b) The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective heirs, representatives, successors and assigns of the parties benefited and burdened hereby and shall remain in effect as hereinabove set forth. (c) In the event of litigation between the parties to enforce this Agreement, the prevailing party in any such action shall be entitled to recover reasonable costs and expenses of suit, including, without limitation,court costs,attorneys' fees,and discovery costs. (d) This Agreement shall be construed,interpreted,and enforced pursuant to the applicable laws of the State of New York. Each party hereby waives its rights to a jury trial of any such suit, action or proceeding. (e) This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. This Agreement shall be binding on the parties when executed and delivered by the parties to one another by facsimile and/or other electronic transmission. (f) Each provision of this Agreement is hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. —Signatures Appear on Following Pages 3 IN WITNESS WHEREOF,the parties have executed and delivered this Agreement as of the date first written above. LANDLORD: BUFFALO-ITHACA ASSOCIATES,LLC, a New York limited liability company By: DDR GLH LLC, its Managing Member By: JDN QRS LLC, its Managing Member By: Name: Kenneth L. Stern Title: Senior Vice President STATE OF OHIO § COUNTY OF CUYAHOGA § Before me, the undersigned authority, on this day personally appeared Kenneth L. Stern, the Senior Vice President of JDN QRS LLC, which is the Managing Member of DDR GLH LLC, which is the Managing Member of BUFFALO-ITHACA ASSOCIATES, LLC, a New York limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited liability company. Given under my hand and seal of office on this day of , 2015. Notary Public, State of Ohio Printed Name My Commission Expires: —Signatures Continue on Following Pages 4 Signatures Continued From Previous Page TENANT: TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company By: Texas Roadhouse, Inc., a Delaware corporation its Manager By: Name: Russell Arbuckle Title: Director of Real Estate COMMONWEALTH OF KENTUCKY § COUNTY OF JEFFERSON § Before me, the undersigned authority, on this day personally appeared Russell Arbuckle, the Director of Real Estate of Texas Roadhouse, Inc., a Delaware corporation, Manager of TEXAS ROADHOUSE HOLDINGS LLC, a Kentucky limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said limited liability company. Given under my hand and seal of office on this day of ,2015. Notary Public, Commonwealth of Kentucky Printed Name My Commission Expires: —Signatures Continue on Following Pages- 5 CITY: CITY OF ITHACA, a New York municipality By: Name: Title: STATE OF NEW YORK § COUNTY OF TOMPKINS § Before me, the undersigned authority, on this day personally appeared , the of CITY OF ITHACA, a New York municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said municipality. Given under my hand and seal of office on this day of ,2015. Notary Public, State of New York Printed Name My Commission Expires: 6 Exhibit "A" Legal Description of the Property ALL THAT TRACT OR PARCEL OF LAND, SITUATE AND LYING IN THE CITY OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE FOUND IN THE EASTERLY LINE OF SOUTH MEADOW STREET, SAID PIPE BEING LOCATED 328.50 FEET SOUTH OF THE INTERSECTION OF THE EAST LINE OF SOUTH MEADOW STREET WITH THE SOUTH LINE OF WOOD STREET; SAID IRON PIPE ALSO MARKS THE SOUTHWESTERLY CORNER OF LANDS REPUTEDLY OF THE ITHACA BOARD OF EDUCATION AND IS KNOWN AS THE"WOOD STREET PARK"; RUNNING THENCE NORTH 890 41' 00" EAST ALONG THE SOUTHERLY LINE OF THE ITHACA BOARD OF EDUCATION FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND IN CONCRETE, SAID IRON PIN BEING LOCATED IN THE WESTERLY LINE OF LANDS OF THE ITHACA HOUSING AUTHORITY; THENCE SOUTH ALONG THE WESTERLY LINE OF LANDS OF THE ITHACA HOUSING AUTHORITY FOR A DISTANCE OF 373.50 FEET TO AN IRON PIN FOUND, SAID IRON PIN BEING LOCATED IN THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF CLYNES; THENCE SOUTH 890 24' 00" WEST ALONG THE NORTHERLY LINE OF LANDS NOW OR FORMERLY OF CLYNES FOR A DISTANCE OF 460.40 FEET TO AN IRON PIN FOUND IN THE EAST LINE OF SOUTH MEADOW STREET; THENCE NORTH ALONG THE EASTERLY LINE OF SOUTH MEADOW STREET FOR A DISTANCE OF 375.80 FEET TO THE POINT AND PLACE OF BEGINNING. 7 Exhibit"B" Site Plan 8 GreenberUFarrow 153 Cordaville Road, Suite 210 Southborough, MA 01772 t: 508 229 0032 COPYRIGHT NOTICE This drawing is the property of the above referenced Professional and is not to be used for any purpose other than the specific project and site named herein, and cannot SOUTH MEADOW STREET ex reproduced in any manner Without the express written permission from the Professional (A.K.A. MEADOW STREET ARTERIAL S.H. 64-10) (A.K.A. NEW YORK STATE ROUTE 13) ISSUE/REVISION RECORD 12 TW��� 12 DATE DESCRIPTION O7 RIGHT OF WAY AGREEMENT TRAFFIC RIGHT OF WAY AGREEMENT 12/22/14 LANDLORD REVIEW SET LI_ (A5PHALT ROADWAY) w APPROX.�._ C w-----w- -- - DER_ 8�_5,-P . -231w-----w-- - w-----w-____w_____,_____w_---_w_ _ LIBER 815, PG. 231 01/09/15 PRE—APPLICATION SET P.O.B. N.Y. STATE LINE PER DB 844, PG 299 PEE TAKING BY CITY OF ITHACA N.Y.S. D.O.T. BASELINE 03/12/15 PERMIT SET ELEC. & GAS EASMENT PER ACQUISITION MAP 102, PARCEL 131' LIBER 33 PG. 462 CI140 INSTRUMENT NO. 454966-001 11 04 21 15 REVIEW COMMENTS ' o 1+627.062(m) 1+660(m) 1+671.4(m) 1+680(m) — — — — — — — — 1+600(m A100 1935 W 1+620(m) _ t+640(m)_ — _ — 375.80' _ _ _ _ _ _ _ _ 06/15/15 COORDINATION SET 1+580(m) 1+ gym) - - — — b 1+677.8(m — — — — — — — — — — — — — — I lip NEW R.O.W. LINE PER MAP 102, PACL 131 REBAR SET � LIMIT OF TAKING PER _ — INN Ln �I _ _ — — — —* — A7N 102, ARCEL 131 O UJ REBAR SET i — _ I 0 10 UJ 0 I `� _ _----, -- I R.O.W. TAKING f-———— PER MAP No. 91, PARCEL 118 APPROX. LOC. N.Y. STATE n/ / I - ° I APPROX. LOC. 20' WIDE N.Y. STATE I ELEC. & GAS EASEMENT LL / I ELEC. & GAS EASEMENT ( LIBER 812, PG. 30 LIBER 648, PG. 781 I I 4 I I U) PROPOSED -- I I I ❑ I o I p O \ TEXAS I I I 11 I MAGNETIC O ----w— ROADHOUSE I I I APPROX. LOC. 10' WIDE N.Y. STATE I d 7,163 SF ELEC. & GAS EASEMENT SEE AFD*Y&' W PLANS I; LIBER 812, PG. 32 _ 1 FOR e 11 I I1 LLJ22 IUI I 'I N o z lu T o I i --- — — — —, LLJ m I I ZM JI z W R EBA SET O . I M I z� ° vwic� o f I Z JI • . W W C� w V) W N w l ,g N ;,I NMI I N PROFESSIONAL SEAL N Q d l I W� W QI OU_ I I I �m PI O (3L LID owl l I I Z� J WN Q� L L — U W =d Z Wm � �W �J I 2 ! f� I \ LL-C o a W 11 1 _ V) Ord Q Q I ! � I ` z 0 W © LJ I 1 1 ❑gyp W NLLI - I00 p - O SECTION 103 PROFESSIONAL IN CHARGE IL Of BLOCK 3 � I LOT 12 JOHN NOURZAD, P.E. I W wL L 1 N/F REPUTED OWNER PROJECT MANAGER N I LIBERC1488, P�"332 ANDRE PIMENTEL c°W APPROX. LOC. OF GAS PIPE LINE APPROX. LOC. OF GAS PIPE LINE QUALITY CONTROL EASEMENT PER LIBER 339, PG. 460 EASEMENT PER LIBER 339, PG. 460 STEPHEN POWERS, P.E. p (WOOD STREET PARK) DRAWN BY KYLE PITZ SECTION 117 BLOCK 2 LOT 1.2 PROJECT NAME N/F REPUTED OWNER I � 77 ITHACA HOUSING AUTHORITY TEXAS LIBER 473, PG. 687 ROADHOUSE I SECTION 104 I ITHACA BLOCK 1 LOT 1 NEW YORK N/F REPUTED OWNER BUFFALO-ITHACA ASSOCIATES, LLC LIBER 844, PG. 299 719-725 SOUTH I I MEADOW STREET w I o I TAX MAP 104-1-1 I o l� I NI Z � I I 373.50' RON BAR W/ S00°99'35'E COAN C . CAP. FND. SECTION 104 PROJECT NUMBER BLOCK OT 2K1 I I 20100655.0 N/F REPUTED OWNER ITHACA HOUSING AUTHORITY SHEET TITLE LIBER 473, PG. 687 GRAPHIC SCALE OVERALL 30 0 15 3I 6° 120 ISITE PLAN ( IN FEET ) 1 inch = 30 ft. I SHEET NUMBER C3ml NOT ISSUED FOR CONSTRUCTION 8.5 Planning, Building, Zoning, and Economic Development Department — Request to Amend the 2015 Department Budget - Roster 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 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 CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 1z DEPARTMENT OF PLANNING,BUILDING,ZONING& ECONOMIC DEVELOPMENT ►� Division of Planning& Economic Development JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT �'� RIC[EaL PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: City Administration FROM: Megan Wilson, Senior Planner DATE: August 6, 2015 RE: 1st Street Mosaic Project Grant Award The City, on behalf of the 1st Street Mosaic Project, applied for grant funding through the Community Arts Partnership's Grants for Arts Program and was awarded $1,200 to support the second phase of the mosaic installation. The 1st Street Mosaic Project is led by a group of dedicated volunteers who have engaged the local community in the multi-phase mosaic tile mural installation at the Water & Sewer Division on First Street. The project relies primarily on donations and volunteers, and the first two phases of the installation have been completed through public workshops and community build-style events. The grant funding will be used to purchase additional supplies and support community involvement in the project. Acceptance of this grant does not require a match or other financial commitment from the City. Due to the requirements of the grant program, the City is acting as an intermediary, and the funding will ultimately be dispersed to the 1st Street Mosaic Project. If you have any questions,please contact me at(607) 274-6560 or mwilsonkcityofithaca.org. 9. 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 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. B. Determination of Environmental Significance — Resolution 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 RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. C. Adoption of Plan — Resolution PROPOSED REVISIONS IN RED 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 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 §239-1-m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been 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 there shall be established regular reviews and updates of the Comprehensive Plan every five years. CITY OF ITHACA 108 E. Green Street—3rd Floor Ithaca,NY 14850-5690 4 °'e� DEPARTMENT OF PLANNING,BUILDING,ZONING, & ECONOMIC DEVELOPMENT a Division of Planning&Economic Development JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT �►"080.� Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org TO: Common Council FROM: Megan Wilson, Senior Planner DATE: August 20, 2015 RE: Adoption of Plan Ithaca as Phase I of the Comprehensive Plan—Revised Resolution At its August meeting, the Comprehensive Plan Committee discussed implementation and monitoring of the plan following adoption. Specifically, the Committee discussed the importance of (1) ensuring that the plan serves as a guide for future decision-making and (2) regularly reviewing and updating the Comprehensive Plan. To address these ideas, staff is recommending the addition of two "Resolved" clauses to the resolution approved by the Planning & Economic Development Committee. The original resolution with the proposed changes (shown in red text) has been included for your review. If you have any questions prior to the meeting, please contact me at mwilson&cityofithaca.org or 274-6560. CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This Full Environmental Assessment Form(FEAF)is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the portions of FEAF completed for this action: Part 1 art 2 Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the Lead Agency that: []A. The Proposed Action will not result in any large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. �. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action,because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED.* [JC. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions. Name of Action: Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive Plan Name of Lead Agency: Common Council Name and Title of Responsible Officer in Lead Agency: Mayor Svante L. Myrick Signature of Responsible Officer in Lead Agency: Signature of Preparer: Date: July 16, 2015 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION (prepared by project sponsor/applicant) NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the FEAF will depend on information currently available and will not involve new studies, research, or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive Plan Location of Action: City of Ithaca Name of Applicant/Sponsor: City of Ithaca Address: 108 East Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: Name of Owner (if different): Address: City/Town/Village: State: ZIP: Business Phone: Description of Action: See attached. 2 DESCRIPTION OF ACTION: The proposed action is the adoption of the draft Plan Ithaca as Phase I of the City's new comprehensive plan. Once adopted, the comprehensive plan becomes a fundamental part of the City's decision-making processes, serving as both a guide for a broad range of City actions and a standard by which they can be measured. The City has undertaken a two-phase process for the new comprehensive plan. Phase I involved the preparation of Plan Ithaca, a city-wide plan that outlines a vision and broad goals for the entire city as well as recommendations for implementation. Phase H will include the subsequent preparation of specific neighborhood and thematic plans. All Phase II plans will build upon Plan Ithaca and will reflect the goals of the broader document. Plan Ithaca is organized around eight chapters, as follows: 1) Introduction a. History b. Vision 2) Public Participation & Communication 3) Land Use 4) Economic Vitality a. Fiscal Health b. Economic Development c. Workforce Development &Job Training 5) Community Livability a. Housing b. Historic Preservation c. Public Safety d. Physical Infrastructure e. Health, Wellness, & Support 6) Mobility &Transportation a. Increasing Transportation Choice Both Locally &Regionally b. Connecting Land Use & Transportation c. Efficiency and Innovation in Technology, Operations, &Management d. Communication &Education to Support Transportation Choices 7) Natural & Cultural Resources a. Natural Resources b. Cultural Resources 8) Sustainable Energy, Water, &Food Systems a. Energy b. Water Resources & Stormwater Management c. Food Systems Three thread-through themes serve as overarching concepts that guide the entire plan. Each chapter reflects the principles of sustainability, equity, and collaboration, as described below. • SUSTAINABILITY: Living in a way that allows present generations to meet their needs without compromising the ability of future generations to meet their own needs. A sustainable community 3 must safeguard the health and well-being of its economic, social, and environmental systems — including food security, clean air and water, healthy ecosystems, and effective governance. • EQUITY: The services, amenities, and opportunities that are available through City efforts are accessible to all residents through means that preserve dignity and that are free of discrimination. These may include participation in decision-making, as well as access to information, housing, transportation, economic opportunity, jobs and job training, recreation, and a safe and healthy environment. • COLLABORATION: The City works in partnership with other municipalities, educational institutions, and community organizations to realize the goals of Plan Ithaca. 4 Please complete each question (indicate N/A, if not applicable). A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Ell Urban Industrial [Ell Commercial U-11 Public ©Forest 0 Agricultural 0 Other: 2. Total area of project area: -3890 acres square feet(Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b.Forested 2c. Agricultural 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] 2e. Water Surface Area F -435 71 -435 2f. Public 630 0 2h.Unvegetated (rock, earth, or fill) 2i. Roads,buildings, and other paved surfaces 1 1300 w1300 2j. Other (indicate type)Varies but primarily privately-owned green space 1525 IF -1525 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Arkport Fine Sandy Loam;Bath Valois and Lansing soils;Howard Gravely Loam;Hudson and Collamer Silt Loam; Hudson Silty Clay Loam;Hudson-Cayuga Silt Loam;Lordstown Soils;Rhinebeck Silt Loam;Unknown(urban fill) 3b. Soil Drainage: Well-Drained % of Site Varies L Moderately Well-Drained % of Site LJ Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? 2 es LJNo LJNUA 4b. What is depth of bedrock? 0'-depths unknown (feet) 4c. What is depth to the water table? 0'-depths unknown (feet) 5. Approximate percentage of proposed project site X I 0-10% -67% X 10-15% -14% with slopes: FX1 15% or greater -18% 6a. Is project substantially contiguous to, or does it LXJYes []No []N/A contain a building, site or district, listed on or Area includes 4 National Register Districts (3 of eligible for the National or State Register of which are locally designated) Historic Places? 6b. ...Or a designated local landmark or located in a �X yes LNo []N/A local landmark district? Area includes 8 local historic districts and 24 designated local landmarks 7. Do httating aa&of fishing opportunities currently exist in the project area? LYes []No [JN/A If yes, identify each species: 5 SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant ❑yes ❑X No []N/A and/or animal life identified as threatened or endangered? According to: Unique Natural Area Inventory of Locally rare species do exist. Tompkins County Identify each species: 9. Are there any unique or unusual landforms on the project site (i.e., cliffs, other geological X❑Yes []No ❑N/A formations)? Describe: gorges, rock outcroppings, waterfalls 10. Is project site currently used by the community or ❑X Yes []No []N/A neighborhood as an open space or recreation area? If yes, explain: The area includes multiple parks, trails, and natural areas 11. Does present site offer or include scenic views LYes ❑No ❑N/A known to be important to the community? Describe: Multiple scenic views 12. Is project within or contiguous to a site ❑X yes ❑No ❑N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: The following UNAs are within the city: agency? 98, 99, 100, 134, 135, 136, 137, 153, & 156 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s) to which it is a tributary: Cascadilla Creek, Fall Creek, Six Mile Creek, Cayuga Inlet,Flood Control Channel 14. Lakes,ponds, or wetland areas within or a. Name(s): Cayuga Lake,Beebe Lake contiguous to project area: . Size(s) (in acres): 15. Has site been used for land disposal of solid L11yes []No [JNUA and/or hazardous wastes? Describe: The proiect area includes a former city dump and the current Tompkins County transfer station. 16. Is the site served by existing public utilities? X❑Yes ❑No ❑N/A a. If Yes, does sufficient capacity exist to allow connection? LjJYes ❑No ❑N/A b. If Yes, will improvements be necessary to ❑Yes ❑No ❑N/A Unknown. allow connection? The City has sufficient water and sewer capacity to accommodate the increased development recommended in the comprehensive plan. Any proposals for development will be subject to a separate environmental review that will be no less protective of the environment. 6 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate): N/A la. Total contiguous area owned by project sponsor in acres: or square feet: lb.Project acreage developed: Acres initially: Acres ultimately: lc. Project acreage to remain undeveloped: ld.Length of project in miles (if appropriate): or feet: le. If project is an expansion, indicate percent of change proposed: % IL Number of off-street parking spaces existing: proposed: lg.Maximum vehicular trips generated (upon completion of project)per day: and per hour: lh.Height of tallest proposed structure in feet. lj. Linear feet of frontage along a public street or thoroughfare that the project will occupy? Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: 4. Will any mature trees or other locally important vegetation be removed for this project?N/A 5. Are there any plans for re-vegetation to replace vegetation removed during construction? N/A 6. If single-phase project, anticipated period of construction: N/A months (including demolition) 7. If multi-phased project, anticipated period of construction: N/A months (including demolition) 7a. Total number of phases anticipated: 7b.Anticipated date of commencement for first phase: month year(including demolition) 7c. Approximate completion date of final phase: month year. 7d.Is phase one financially dependent on subsequent phases? ❑Yes ❑No /A 8. Will blasting occur during construction? [3Yes [3No M /A If yes, explain: 19. Number of jobs generated during construction: N/A After project is completed: N/A 10.Number of jobs eliminated by this project: N/A Explain: Ill.Will project require relocation of any projects or facilities?oyes ❑Mo X� /A If yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?®Yes UNo X /A; if yes, explain 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? r Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal? oyes ❑❑1\To X� /A If yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year floo plain? [3Yes MNo�/A 7 PROJECT DESCRIPTION (concluded) 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 of the ECL? DYes [3No ] /A; 114d. If#14a., b., or c. is yes, explain: 115a. Does project involve disposal of solid waste? Dyes [3No ] /A 115b. If#15a. is yes, will an existing solid waste disposal facility be used? Yes No ❑ /A 115c. If#15b. is yes, give name of disposal facility: and its location: r d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? Oyes ❑❑No ❑X /A If yes, explain: F15e, Will any solid waste be disposed of on site? Dyes ❑❑1\To a/A If yes, explain: 116. Will project use herbicides or pesticides? DYes ❑No K] /A If yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? Dyes Mo ❑X /A; if yes, explain: 118. Will project produce odors? Dyes Mo ON/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Oyes ❑❑1Vo X❑ /A After construction?❑Yes ❑No X❑ /A kO. Will project result in an increase of energy use?Dyes ❑No X❑ /A If yes, indicate type(s): 1. Total anticipated water usage per day in gals./day: N/A Source of water: N/A 8 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? M es ONO ❑N/A If yes, indicate the decision required: 0 Zoning Amendment ❑❑ Zoning Variance XX New/Revision of Master Plan ❑❑ Subdivision Site Plan FE11 Special Use Permit FEJ1 Resource Management Plan 0 Other: What is the current zoning classification of site? The area includes all city zoning districts. 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? Not applicable. The proposed action is the adoption of a local land use plan. 14. Is proposed use consistent with present zoning? ®Yes ONO E]N/A 5. If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? No new zoning is proposed. 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? X /A If no, explain: The proposed action is the adoption of a local land use plan.QYes ©1Vo 8. What is the dominant land use and zoning classification within a'/a mile radius of the project? (e.g., R-la or R-lb) The area includes all city zoning districts. 9. Is the proposed action compatible with adjacent land uses? ra-IlYes Mo M/A Explain: The proposed plan is also compatible with the future land uses proposed in the Town of Ithaca's Comprehensive Plan. 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A 10b. What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education,police, fire protection, etc.)? M ONO NO ❑❑N/A Explain: Implementation of the plan may create a demand for additional services. Any implementation initiative,including future development projects, will be subject to its own environmental review that will be no less protective of the environment. See Part III. If yes, is existing capacity sufficient to handle projected demand? ❑❑Yes ONO �/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? 13Yes ao ©N/A If yes, is existing road network adequate to handle additional traffic? Dyes Mo ❑❑1V/A Explain: 9 A APPROVALS 1. Approvals: a. Is any Federal permit required? ❑❑Yes EJ o ❑❑N/A Specify: b. Does project involve State or Federal funding or financing?®Yes X� o [3N/A If Yes, Specify: c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Re uired Date Date Common Council Yes Adoption Board of Zoning Appeals (BZA) No Planning &Development Board Yes Recommendation 6/18/15 6/30/15 Ithaca Landmarks Preservation No Commission (ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No JURA) 10 E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca Signature: Title: Senior Planner X �:�= END OF PART 1 =xxxx City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ❑No The action is the adoption of a plan and there will be no physical change as the result of the action. Any construction on slopes of 15% or greater (1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑ Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ Yes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ Yes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ Yes ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑ Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ❑ No The plan identifies Environmentally-Sensitive areas that include unique land forms and recommends establishing additional protections for these areas. Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ ❑ Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ [] Yes No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ ❑ Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ® No The plan identifies Environmentally-Sensitive areas that include all lands within 60'-100' of all waterways and recommends establishing additional protections for these areas. A 10% increase or decrease in surface area of any body of El ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2of11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER (cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ❑ No The plan's recommendations include required sustainable building practices, use of pervious paving materials, collaborative stormwater initiatives, and preservation of green spaces to improve water quality. Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have ❑ ❑ Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ ❑ Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ [:] Yes [:] No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ [:] Yes [:] No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER (cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ❑ No See #5 above. Project would impede floodwater flows. ❑ ❑ ❑ Yes ❑ No Project is likely to cause substantial erosion. ❑ ❑ ❑ Yes ❑ No Project is incompatible with existing drainage patterns. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ❑ No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ ❑ Yes ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ ❑ Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ [—] Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4 of 11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ❑ No Reduction of any species, listed on New York or Federal list, ❑ ❑ ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year El El El Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ❑ No Proposed action would substantially interfere with any El El El Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/z acre of El ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ® Yes ❑ No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ ❑ Yes ❑ No of scenic views known to be important to the area. Other impacts (if any):The proposed Future Land Use Map recommends appropriate areas for increased development while protecting and enhancing the ® ❑ ❑ Yes ❑ No character of established residential neighborhoods. See Part III. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? ❑ Yes ❑ No The City's designated historic districts were carefully considered during the preparation of the land use chapter and Future Land Use Map. All of the proposed future land uses are compatible with the existing character of the historic districts. Any proposals for new construction or alteration remain subject to review by the Ithaca Landmarks Preservation Commission and the Planning and Development Board (if required). Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ ❑ Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located ❑ ❑ Yes ❑ No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ ❑ Yes ❑ No landmark district. 6of11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Other impacts (if any): ❑ ❑ ❑ Yes ❑ No Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? ❑ Yes ❑ No The plan recognizes the importance of existing parks, trails, natural areas, and recreational facilities and commits to maintaining and enhancing these resources for future use by residents and visitors. The permanent foreclosure of a future recreational El El El Yes ❑ No opportunity. A major reduction of an open space important to the El El El Yes ❑ No community. Other impacts (if any): ❑ ❑ [—] Yes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? ❑ Yes ❑ No Proposed action to locate within a UNA or CEA? ❑ ❑ [—] Yes ❑ No Proposed action will result in reduction in the quality of the ❑ ❑ Yes ❑ No resource. Proposed action will impact use, function, or enjoyment of the ❑ ❑ Yes ❑ No resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7 of 11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ® Yes ❑ No Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: The plan includes several recommendations to improve multi-modal transportation within the city. Implementation of these ❑ ❑ ❑ Yes ❑ No recommendations will be subject to a separate environmental review that will be no less protective of the environment. See Part III. IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ❑ No The plan includes several recommendations to improve energy conservation and increase the use of alternative energy sources. Proposed action causing greater than 5% increase in any El ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ [—] Yes ❑ No 8 of 11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? ❑ Yes ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ Yes ❑ No sensitive facility? Odors will occur routinely (more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ® ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ❑ No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of "hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ ❑ Yes ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any El ❑ Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ® Yes ❑ No The population of the city in which the proposed action is located is likely to grow by more than 5%of resident human ❑ ❑ ❑ Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ® ❑ ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ® ❑ Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ® ❑ ❑ Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or El ❑ ❑ Yes ❑ No more businesses. 10 of 11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): See Part III ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — 11 of 11 7/16/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 3 Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 DESCRIPTION OF ACTION The proposed action is the adoption of the draft Plan Ithaca as Phase I of the City's new comprehensive plan. Once adopted, the comprehensive plan becomes a fundamental part of the City's decision-making processes, serving as both a guide for a broad range of City actions and a standard by which they can be measured. The City has undertaken a two-phase process for the new comprehensive plan. Phase I involved the preparation of Plan Ithaca, a city-wide plan that outlines a vision and broad goals for the entire city as well as recommendations for implementation. Phase II will include the subsequent preparation of specific neighborhood and thematic plans. All Phase H plans will build upon Plan Ithaca and will reflect the goals of the broader document. Plan Ithaca is organized around eight chapters, as follows: 1) Introduction a. History b. Vision 2) Public Participation &Communication 3) Land Use 4) Economic Vitality a. Fiscal Health b. Economic Development c. Workforce Development &Job Training 5) Community Livability a. Housing b. Historic Preservation c. Public Safety d. Physical Infrastructure e. Health, Wellness, & Support 6) Mobility&Transportation a. Increasing Transportation Choice Both Locally &Regionally b. Connecting Land Use &Transportation c. Efficiency and Innovation in Technology, Operations, &Management d. Communication&Education to Support Transportation Choices 7) Natural &Cultural Resources a. Natural Resources b. Cultural Resources 8) Sustainable Energy,Water, &Food Systems a. Energy b. Water Resources & Stormwater Management c. Food Systems Three thread-through themes serve as overarching concepts that guide the entire plan. Each chapter reflects the principles of sustainability, equity, and collaboration, as described below. Page 1 of 3 City of Ithaca Full Environmental Assessment Form (FEAF) Part 3 Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 • SUSTAINABILITY: Living in a way that allows present generations to meet their needs without compromising the ability of future generations to meet their own needs. A sustainable community must safeguard the health and well-being of its economic, social, and environmental systems — including food security, clean air and water, healthy ecosystems, and effective governance. • EQUITY: The services, amenities, and opportunities that are available through City efforts are accessible to all residents through means that preserve dignity and that are free of discrimination. These may include participation in decision-making, as well as access to information, housing, transportation, economic opportunity, jobs and job training, recreation, and a safe and healthy environment. • COLLABORATION: The City works in partnership with other municipalities, educational institutions, and community organizations to realize the goals of Plan Ithaca. ENVIRONMENTAL IMPACTS IMPACT ON AESTHETIC RESOURCES Will the proposed action affect views,vistas, or visual character of the neighborhood or community? The plan encourages the development of additional housing and business opportunities within the city and identifies higher-density areas where growth, in the form of well-designed, compact mixed-use development,is encouraged. This development will undergo site plan review, and any potential visual impacts will be evaluated as part of this review. The City's existing zoning will remain in effect, and development proposals in any area of the city will be subject to their own environmental review that will be no less protective of the environment. The plan also prioritizes the preservation of existing neighborhoods (Low-Density and Medium- Density Residential areas). While some development may occur in these areas,it must be of high- quality design and compatible with the existing built environment and uses of the neighborhood. Impacts on the visual character of the neighborhood are not expected. IMPACT ON EXISTING TRANSPORTATION SYSTEMS Will there be an effect to existing transportation systems? The adoption of the plan itself will not have an effect to existing transportation systems, but the plan includes several recommendations to improve multi-modal transportation within the city. These recommendations (described in detail in Chapter 6, "Mobility & Transportation," of Plan Ithaca) include enhancing pedestrian and bicycle infrastructure, improving transit stops and service, creating better connections between neighborhoods, and strengthening multi-modal connections to surrounding municipalities. The implementation of these recommendations will result in positive impacts on the existing transportation system. In addition, the implementation of any recommendations that involve physical changes or policy changes will be subject to separate environmental review that will be no less protective of the environment. Page 2 of 3 City of Ithaca Full Environmental Assessment Form (FEAF) Part 3 Project Name: Adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan Date: 7/16/15 The plan encourages the development of additional housing and employment opportunities within the city and recommends that the majority of this development occur in the form of compact mixed-use development in appropriate areas. The Land Use Chapter identifies the Urban Mixed- Use, Waterfront Mixed-Use, and Enterprise areas as appropriate locations. These areas are considered ideal locations for greater density because of their proximity to existing housing and employment and their location on or adjacent to major transit corridors (see map in Appendix C). By locating the majority of additional development in these areas, it will be easier for residents and/or employees to walk, bike, or take the bus rather than use private vehicles, with minimal impact on the existing transportation system. Infill development may occur in other areas of the city,but due to the smaller scale of these developments,no impacts on transportation are expected. Development proposals in any area of the city will be subject to their own environmental review that will be no less protective of the environment. IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Will the proposed action affect the character of the existing community? The plan encourages the development of additional housing and business opportunities within the city and identifies higher-density areas where growth, in the form of well-designed, compact mixed-use development, is encouraged. The Land Use Chapter identifies the Urban Mixed-Use, Waterfront Mixed-Use, and Enterprise areas as appropriate locations. There is a strong need for additional housing in the city, and these areas are ideal locations for denser development due to their proximity to transit corridors,walkability, and the accessibility of goods and services. New development will undergo site plan review and be subject to its own environmental review that will be no less protective of the environment. As a result of the plan's recommendations, there is potential for the population to grow by more than 5% or 1,500 people. It is expected that the majority of new residential growth will be accommodated in the Urban Mixed-Use, Waterfront Mixed-Use, and Enterprise areas. It is intended that this new development will enhance the character of these areas while also allowing the preservation of the character of the city's established residential neighborhood. It is also possible that there could be additional demand for community services,but new development will increase the city's tax base and provide added revenues to fund additional services. The adoption of Plan Ithaca as Phase I of the City's Comprehensive Plan will set an important precedent for future actions. The plan will inform future decision-making by guiding policy and funding decisions. Upon adoption, the plan will replace the existing comprehensive plan, Ithaca, NY: A General Plan, and all amending plans. Page 3 of 3 9.2 Agreement with Ithaca Neighborhood Housing Services (INHS) for Future Improvements to Lake Avenue and Eastern Portion of Adams Street — Resolution WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INNS) 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 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. BACK-UP ITEM 9.2 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. ("INNS"). 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 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. 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. 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. 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 City of Ithaca 108 East Green Street Ithaca, NY 14850 City Attorney City of Ithaca 108 East Green Street Ithaca, NY 14850 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 OF ITHACA ITHACA NEIGHBORHOOD HOUSING SERVICES, INC. By: By: Name:Svante Myrick Name:Paul Mazzarella Title: Mayor Title: Executive Director Date: Date: LIST OF EXHIBITS: Appendix A — Survey Map LO - T _ N4 = kcm cn 3•r • � ' ' : f i • 1 �� � '-*fir , • � � -r �firr/ � LA r�' d ,_, �; � 1 � y � � �• I r- lax 3nN3AV MOIIIM N33uo------------------ MP dlllOd�Sld� • t r MW r .A` y .. • ccn ( '� CM Ox 1 cn - : CD 70- - - I - z-- I C - • IO cn t w -� t� + o QLu •� I I O 1 7 L p m N Q _ w J % r -Z= a,4 2 `�_ z - ^ LU LJC — Q cryCD CDw = Q — pCD j - J p 2 OU LU� p w � w - w w u) o ouj �CU) U pp p — z _ _ t , — � w z � z z w - ww � QC) pUJ � � � o p = z U CDuj ' w ppO uj Y_ � � UJ J -Qn w U U I— m m z m w U t mOu J r N co -:I- u Co I-1 (D0 ik w �# - r7'wJfn� �a[■. ■ r-:-' b z s V) 0.4 2 10. 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 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. B. Determination of Environmental Significance — Resolution 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 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. C. Authorization For Agreement - Resolution 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 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. CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. Date• 8/30/15 1- ApplicanVSponsor: 2. Project Name: City of Ithaca Common Council MOU with Tompkins County and COrn¢II Univ.to Continu¢the Housing Fund Program for an Additional Six Vea rs 3. Project Location: Various 4. Is Proposed Action: X New o Expansion o Modification/Alteration 5. Describe project briefly: The Housing Fund is a locally funded and administered program that assists with the development costs associated with residential and mix¢d-use real estate development projects.The MOU establish¢s the framework for operation of ih¢ program as well as th¢funding commltm¢nts of each participant. 6- Precise Location(Road Intersections, Prominent Landmarks, etc. or provide map) Various—projects ar¢identified through a public application process. 7. Amount of Land Affected: Initiall None Ultimatel None 8. Will proposed action comply with existing zoning or other existing land use restrictions? X Yes o No If No, describe briefly: 9. What is present land use in vicinity of project: o Residential o Industrial o Agricultural o Parkland/Open Space o Commercial o Other Describe: To be determined as housing projects are identified. 1 O. Does action involve a permiVapproval, or funding,now or ultimately, from govertunental agency(Federal, State or Local): X Yes o No If Yes, List Agency Name and PermiUApproval Type: City of Ithaca Common Council approval is r¢q wired for each project awarded any of the City's contribution to the program. 11. Does any aspect of the action have a currently valid permit or approval? o Yes X No If Yes, List Agency Name and PermiUApproval Type: 12- As a result of proposed action will existing permit/approval require modification? o Yes X No I certify that the information prow' �. d above i true to the best of my knowledge. PREPARER'S SIGNATURE � DATE:August 10,2015 PREPARER'S TITLE: Nels B h , Dire or of Community Development REPRESENTING: Ithaca Urban Renewal Agency SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff Name of Project: MOU wl[h Tompkins County Sa Cornell University to Continue the Housing Fund Program for an Additional Six Years Y¢s No I. Will project result in a large physical change to the project site or physically alter 0 more than one acre of land? 2. Will there be a change to any unique or unusual land£orm found on the site or to any O site designated a unique natural area or critical enviromnental area by a local or state agency? 3. Will the project alter or have any effect on an existing wate�way7 o fjfj 4. WiII the project have an impact on groundwater quality? 0 5. Will the project affect drainage flow on adjacent sites? � lit 6. Will the project affect any threatened or endangered plant or animal species? O � 7. Will the project result in an adverse effect on air quality? O � g. WiII the project have an effect on visual character of the community or scenic views CJ � or vistas known to be important to ffie community: 9. Will the project adversely impact any site or structure of historic,pre-historic,or CJ � paleontological importance or any site designated a local landmark or in a landmark district? 1 O. Witl the project have an effect on existing or future r¢creational opportunities? C1 � 1 I. Will the project result in traffic problems or cause a major effect to existing o � transportation systeins7 12. Will th¢project cause objectionable odors,noise,glare,vibration, or electrical I-I � disturbance as a n:sult of the project's operation during construction or aft¢r completion? 13. Will the project have any impact on public health or safety? I i 14. Will the project affect tfie existing community by directly causing a growth in I i � permanent populations of more than 5 percent over aone-year period OR have a negative ett'ect on the character of the community or neighborhood? 15. Is there ublic controvere concern in the ro'ect? O a If any question has been answered YES, a completed Full Environmental Assessment Form(FEAF) is necessary. ��11 � A PREPARER'S SIGNATURE: / ! 1 i�iifi�^•-�.` DATE: 8/10/15 PREPARER'S TITLE: Nels Bohn, D ector f Community Development REPRESENTING: Ithaca Urban Renewal Agency �a.s.a Tompkins County DEPARTMENT OF PLANNING 121 East Court Srroa-t ltbaca,Ncw Vork 14850 Edward C.Ma,-x.ALCP l'clv`pbonc(60O)2J4-SSGO -' Commissioner ofPlaunh+g Rex(GOJ)204-Ss�a TO: Planning,Energy,antl Environmental Quality Committee � From: Megan McDonald,Senior Planner Orate: July 2�20I5 Re: Memorantlum o£Understending to Continue the Tompkins County Housing i'un410 be renamed the Community Housing Development Pund Action Requested o The proposed action is to enter into a Memorantlum of Understanding (MOU) a onS the County of Tompkins, the City of Ithaca, and Cornell University with rcgartl to the Community Flossing Development Fund,previously known as the Tompkins County Housing Funtl. Background � In 2009 the County,City of Ithaca,and Cornell University signed[he Flrst MOU establishing the Housing � Fund, whicM1 m sisted of the Community Housing Affordability Program and the Community Housing 8 Trust Program.This highly successful join[etYbrt has assisted the a¢velopment of housing units[ha[will affodable Por low m moderate i ¢ housefiolds for the long-term (at least 49 years). The original s x-year Memorantlum of Untlerstantlivg establishing the Housing Funtl recently ezpireQ but ell three partners have indicated a willingness[o continue this worK for an additional s+z years a[[he same funtling levels establishetl in the 2009 MOU. Extending the Housing Fund � The Housing Funtl has a Pmgram Oversight Committee(POC)comprised of members appointed by eacM1 of the three funtling partners. The POC has¢valuated the progmm's impacts antl the continuing need to silt the development of affordable housing in Tompkins County. Based on [hose fintlings antl [he experience of nine previous funding r unis, the POC tleveloped the new MOU. The primary changes m orpora[etl in this MOU are: o E Name change—The Housing Fund is often confused with the CounH�s Homeownership Program. antl POC m mb¢rs felt that then q Community Housing Development Fund, makes it m f clearly evitlen[that this program is meant to spur the tlevdopment of housing in the comrnunity.re Disconrinunrion jlouns for predevelopmenr costs—The Housing Funtl was originally conceived s hvving two c mponen$ (1) [he CommuniTy Housing Affordability Program which providetl a O% interest loans For pre-dwelopment costa of p jec[s inclutling affordable housing unite, rand (2) the Community Housing Trust Program which provttled grants to w r lantl puroM1ace, nstmctioq and other costs that reduce the cost of n -student housings units that r permanently affordable for low-rand moderate-income M1ouseM1oltls.The loan progmn+Fes had fnr ^t2 fewer applicants antl has rant resulted in any¢£fordable units built,therefore,the POC believes the focus should be on actual tlevelopment activities. 'zo9 a Add/Dona!r�sHnbre be ing ncrivrries— RecoBn mg [het affordable hou rag chvllenges a mplez antl that efforts+�beyontl pr j¢ct-based grents may be needetl in the next sx yearsato speed the c esstion of adtlitional affordable housing in Tompkins County, the MOU[allows tl+e POC m tubers ie identify and propose other opPortuni[ies to advent¢vffordable housing,subject to the approval of all three of the participating entities(County,City,antl Comely. fnc[tars[l:rougla rOiverstty Packs[Pg.'I tl 12.B.a • S ppor/ j r nrlxed-)nc ha r»Irrg In ortler to rmge truly xed-income housing tlevelopment antl to support local inclusionary zo ing efforts, the MOU rallows assistance for prgecfs[Fat re nff rdable for those a ing up to 12U%of area median in a(AMI)if a pr ject also on[arts a significant proportion of housing u sits Por houseboltls a ing 80%or les AMi.(Note:The County's source oP funds can only benefit houseboltls earring 80%or less AMIS � o [his woWd mean that only City and Cornell funds could support those units for houscholtls ear ing over 80%AMIJ Enclosure • Resolution No. AutM1oriza[ion to Enter into an Agreement wilF the City of Ithaca antl Comell Un sity ro Adm inter the Community Housing Development Fund g. • HF 2015-1-8695 Memorandum of Untlerstanding Among the County of Tompkins, the City of Ithaca,and Comell University with Regartl to tFe Community Housing Development Puntl i� Financial implications +� Resolution No.2014-188 committetl$600,000 of Tompkins County Program Income funtls to continuing E the Housing Funtl, contingent upon the City of Ithaca c muting a[ (cast $60Q000 antl Cornell Un sity c mmitting at lens[ $L2 millio and the a cut on of a Memormndum of Understanding between all parties. None of the County's contribution involves local taz dollars. All of the County's ontribution will c e from Nntls originally re vetl from[Fe U.S. Department of Housing antl Urban Development(HUD)that were loaned under the Coun[y's Homeownership Prrogram antl have-been repaitl by borrowers. This is the s of funds the County used for its contributions f m 2009-20t5. These funtls can only be usetl for HUD eligible activities. Contact � Megan MCDonaltl a[609-204-5560 or mmcdonaltlntomokins-co.ore. _ v E f O E Inc!Tors L(rrog(a 4Xversity Packet Pg.'19 CDBG HF 24W2015--21-8695 REDLINE COMPARING PROPOSED 2015 MOU TO 2009 MOU MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY OF ITHACA,AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY HOUSING DEVELOPMENT HOUSING TRUST PROGRAM OF THE HOUSI FUND WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins County Housing Fund in 2009 and have successfully administered it through 2015, assisting the construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to construction, and WHEREAS, the signatories wish to further develop and administer-this program as the Housing F+mdCommunity Housing Development Fund ("the Fund")to be used to meet affordable housing needs throughout Tompkins County, the goal of the Fund being to assist communities,-and organizations, and housingdevelopers evelopers throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is available to a diversity of residents with a range of incomes, and that mixed-income housing projects that include affordable units should be encouraged and eligible for program assistance,particularly. t�pport projects complying with local inclusionary zoning ordinances, WHEREAS, the eeniffffinity has developed the Community Housing Gellabefafive, whieh endifies Univefsity and the Tompkins County eommunity to inViement the Housing Stfutegy for Tompkins Cotinty, whieh seeks to pr-e"ee a s4stantial afnetint of new housing for-lower- and middle ineeme families in eenfefmanee with adopted ffffinieipal eempr-ehensive plans and s4ategie plans, and WHEREAS, in establishing administering the Community Housing Development Fund, the signatories recognize the benefits of providing funds to experienced for-profit and not-for-profit developers for pre- development costs through the Comnumity Housing Affor-dability Program; and funding th-rough the r,,,-...,.,.-anity Housing Tmst Pr-og..,n or the cost of land and other costs associated with the development, rehabilitation, and retention of affordable housing units,provided that the housing units assisted develo—e—Awith those funds on that land remain permanently affordable for those earning up to Ineeme80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a significant proportion of housing units for households earning 80% or less of AMI, Community Housing Tmst, of sueh other-program or entity meeting the housing initiative objeetives as approved by the s .,tefies-, and WHEREAS, the signatories further recognize that the understanding of the challenges to affordable housingdevelopment evelopment and preservation, and best practices to improve and expand the supply of affordable housing, continue to evolve as both Tompkins County and communities throughout the nation continue to face complex and persistent affordable housing challenges, NOW, THEREFORE,the signatories agree as follows: 1 UHF 2-OW2015--21-8695 A. The signatories are the COUNTY OF TOMPKINS (hereinafter"County"), the CITY OF ITHACA (hereinafter"City"), and CORNELL UNIVERSITY(hereinafter"Cornell"), with all signatories hereinafter jointly referred to as "the participating entities". B. The Community Housing Development Fund u^„s;, g F„ffla eensists of related ^ the Community Housing A r-dability Pr-ogr-afn and the Community Housing T-Fust Program. The is a locally funded and administered program that assists with the pre-development costs associated with residential and mixed-use real estate development projects. The Fund is desig intended to ensure that newly constructed or rehabilitated homes, as well as existing affordable housing u�remain permanentlX affordable to future generations of renters and buyers.. nom anent aff ,.dability;s retained by separating the owner-ship of the land fiem the owner-ship of the dwelling unit, whereby only the homeowner-, n take f om the house upen ale C. Aln accordance with the objectives set forth in the whereas clauses above, aA Notice of Funding Availability(NOFA)has4�eenwill be drafted for each funding round released under the Community Housing Development Fund to describe available funding opportunities dffettgh e and application procedures. hereinafter r-eferred-to asthe "Dreg TApplicants for funding consideration will be required to submit detailed evidence of their qualifications and capabilities in completing similar projects and successfully delivering new or adaptive-reuse housing, or preservingexisting xisting affordable units awarded fonds that conform to the affordability objectives described in the Notice of Funding Availability. Funds shall be awarded as described below in Section G. Applicants will be required to comply with certain measurements and performance criteria intended to ensure that disbursed funds fulfill the objectives set forth by the signatories. D. The participating entities shall form a Program Oversight Committee made up of three representatives appointed by each signatory to this Memorandum of Understanding.,for a total of nine members. -It is suggested that at least one representative be a member of the elected body or senior administration of each signatory. The remaining City and County seats should ineltide an appei e drawn from community members with relevant expertise such as those representing a financial institution with housing lending experience; a real estate development firm or organization; a representative from an economic development firm or organization or in the case of Cornell University, a Cornell representative with housing lending, real estate, or economic development experience. Each participating entity shall appoint one alternate member, and 1_4- -,,-Ikieip fiag entity may also appoint one staff member as an ex-officio non-voting member. E. The Program Oversight Committee will be responsible for(1) administering the Programs Fund (including but not limited to finalizing and administering the NOFA document and process)with assistance from staff of the Tompkins County Planning Department; (2) appointing members to and reviewing recommendations from the Application Review Committee; and(3) making final funding recommendations to the participating entities. In addition, the Program Oversight Committee will be responsible for(4) monitoring the use of funds.,(5�5) overseeing the funds any additional entities maX choose to contribute, ; foFmal agreement between the granting entities and the f,nd ngr-eeipiePA-,-and(�6) developing template agreement to be used by partieipating entities for funding of applicants appr-eved by Program Oversight Committee.identifying and proposing other opportunities to advance affordable housing within Tompkins County, subject to the approval of the participating entities. 1 UHF 200-92015-21-8695 F. An Application Review Committee shall consist of members appointed by the Program Oversight Committee to evaluate and rate applications for funding and provide recommendations to the Program Oversight Committee on such funding applications. The Application Review Committee members should may include an appointed member representing housing professionals from outside the County and should include appointed local professionals with experience in relevant fields such as real estate development, housing, the building industry,planning, sustainable development, human service needs, or real estate finance. G. Participating entities agree to enter into the MOU with the understanding that funds will be provided based on the recommendations of the Program Oversight Committee, and to enter into grant agreements with funding recipients in a timely fashion. However, notwithstanding the above, each participating entity shall have the right to decline use of its own funds for an application recommended for approval by the Program Oversight Committee that does not, at its sole discretion, match its housing initiative priorities. In recognition that City residents pay property taxes to the County, the County agrees not to decline an application for funding solely because the housing project is located within the City, to the extent permitted by applicable laws and regulations governing use of County funds paid toward the funding of the NOFA. The decision of the participating entity to decline support of a project cannot be overruled by the Program Oversight Committee. H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize the Community Housing Development FundRousing F,,,,a. Each participating entity will have custody of and manage its individual contributions, at its own expense. Table 1: Sources of Funds for the NOFA. Term of MOU Tompkins County City of Ithaca Cornell Total University Year 1 $100,000 $100,000 $200,000 $400,000 Year 2 $100,000 $100,000 $200,000 $400,000 Year 3 $100,000 $100,000 $200,000 $400,000 Year 4 $100,000 $100,000 $200,000 $400,000 Year 5 $100,000 $100,000 $200,000 $400,000 Year 6 $100,000 $100,000 $200,000 $400,000 Total Contribution $600,000 $600,000 $1,200,000 $2,400,000 I. The COUNTY agrees to: 1. Contribute $600,000 ($100,000 annually per Table I during the term of the MOU)toward the funding of the NOFA and any affordable housing relkated efforts approved by the participating entities. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) 1 UHF 200-92015--21-8695 (^ttael*nent 2) 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding and the relevant pot4ions of the Community Housing Cellaber-a4ive (Attaehfflefil 1). 4Participate on the Program Oversight Committee throughout the NOFA process. 4.5.Provide assistance from staff of the Tompkins County Planning Department to support the administration of the Fund. 6. Provide assistance from staff of the Tompkins County Planning Department to support the Program Oversight Committee and the Applications Review Committee. 7.Enter into an-agreements for disbursement of funds to approved gm-recipients based funding agr-eements to the n,-,,,,,..,,.., Over-sight Committee. 6 8.Track Ceuflty funds and matehing i all funds contributed to the Community Housing Development Fund, invoice participating entities for the funds awarded from their contributions to particular proposals, and disburse the funding awards as appropriate for proposal(s) awarded funding. 9 Account on a quai4efly-EqgILlar basis to the other participating entities for disbursement of funds for-the NOF-^from the Community Housing Development Fund. -7,10. Determine a process by which the COUNTY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing-related activities suggested by the Program Oversight Committee. No COUNTY contributions to the Fund will be used for these additional activities without COUNTY gpproval. J. The CITY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) eensistent with the seepe of ftinding deser-ibed in the relevant peAiens of the Community Housing Collaber-a4ive (Attaehment 1) and the Come!!Housing initiative 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding and the relevant pet4iens of the Ceinffmnity Housing Collaborative (Attaehment 1). 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Enter into an-fiscal agreementLss)with the COUNTY and make funds available for disbursement of approved gr-ant-recipients receiving support from the Cites contribution to the Fund based uper the template developed by the Program Oversig r, cvmrizrcccit4e z. 6_Track City funds and.,-iatei ing funds and disburse the funding ar-ds ., appropriate r^r committed to the Community Housing Development Fund. 6 7.Determine a process by which the CITY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing= related activities suggested by the Program Oversight Committee. No CITY contributions to the Fund will be used for these additional activities without CITY approval. 1 GDBG HF 2-OW2015-21-8695 K. CORNELL agrees to: 1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) consistent with Cornell University's workforce development and housing_goalsthe seepe of ftinding deser-ibed in the Come!!Housing Initiative (Attaehment 2) and the r-elevan 3. Make such contribution on the condition all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with th-e-Cornell University's workforce development and housing_goals 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Enter-into an agreement for-disbur-sement of funds to approved grant r-eeipients based upon the template developed by the Pr-egfam Over-sight Committee, and provide a eopy of all sue.h. ftindi g agr-eements to the D,-.,..,-.,,v, Over-sight r,,,,.,,,.itte Make funds available for disbursement to approved recipients receiving_support from Cornell's contribution to the Fund. 6. Track Cornell funds and,..,,,t,.hing funds and disburse the funding arils ., appropriate f committed to the Community Housing Development Fund. 6-.7.Determine a process by which the Cornell will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing: related activities suggested by the Program Oversight Committee. No CORNELL contributions to the Fund will be used for these additional activities without CORNELL qpproval. L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged to contribute funding to the Community Housing;Development FundHous ng F,,,,a. It is the responsibility of the Program Oversight Committee to oversee the contributions of additional entities. The Program Oversight Committee may accept or reject contributions at its sole discretion. The Program Oversight Committee will at its sole discretion determine how funds from additional entities are to be disbursed. In the event an additional municipality, major employer or charitable foundation who commits to contribute funding also seeks representation on the Program Oversight Committee, such representation shall be permitted as follows: 1. A contribution of$50,000 or more to the Community Housing Development Fund Housing Eby an interested municipality, major employer or charitable foundation will make it eligible to appoint one associate member to the Program Oversight Committee for the program year in which the contribution is made. Associate members will shave voting privileges_; and theif paAieipatian an the Pfagr-am Ovefsight Committee will be limited to the di regarding the use of their- e „tr-ib„tie to ffind speeifie „ * .but will not be counted towards quorum. 2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as directed by the Program Oversight Committee. M. Funds not expended in one year by any of the participating entities will be rolled over to the following year and will be available in addition to the participating entity's annual contribution. N. This MOU shall be effective upon execution by all the participating entities and shall have a term of six-years or until such time as funds encumbered by each of the participating entities for the Community Housing Development Fund are committed and fully expended, whichever is later. 1 GDBG HF 2-OW2015-2-1-8695 O. Each participating entity may terminate this MOU for any reason upon thirty(30) days written notice to the other participating entities. Upon termination, the terminating entity shall honor the funding obligations from irany agreements made by it with funding recipients prior to the date of termination; btA shall haver f„the f obligations, „deF the r rnrr Any contributions committed to the Community Housing Development Fund by the terminating entity for the year within which the written notice of termination was issued will remain available for use on Community Housing Development Fund projects. P_Modification: This Memorandum of Understanding may be modified at any time by mutual agreement of all three signatories. P.QThe Program Oversight Committee will review the Notice of Funding Availability, Program Oversight Committee bylaws, and the Memorandum of Understanding .as needed. When the POC has discussed a particular programmatic change, final approval of language can be obtained by email with all committee members. If an objection is raised by any voting member within 10 business days, said change must be brought to the next Program Oversight Committee meeting for a final decision. Should no objections be raised within 10 business days, the change will take effect. Q-.R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold harmless and defend the other participating entities and their respective officers, employees, agents and elected officials from and against any and all claims and actions brought against the other participating entities and their respective officers, employees, agents or elected officials, for injury or death to any person or persons, or for damage to property, arising out of the performance of this Memorandum of Understanding by the participating entity, its employees, subcontractors, or agents. IDS. Participating entities will not discriminate against any employee, applicant for employment, sub- contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. S-.T. The Program Oversight Committee shall adopt, by agreement of at least seven committee members, initial operating miesbylaws that minimally define a quorum as 6 members including at least 2 votip members from each participating entity, and specify the minimum number of votes required to take action. Amendments to the ^por i PdL-sbylaws shall require agreement of at least seven duly appointed committee members. 1 CDBG HF 24W2015-21-8695 Tompkins County Name: Title: Signature: Date: City of Ithaca Name: Title: Signature: Date: Cornell University Name: Title: Signature: Date: 1 GDBG HF 2-OW2015-2-1-8695 An Exeer-pt from the Community Housing Collab rattive T,,,,�08- Tanipkitis Goenty, whieh seeks to pfeduee a substantial afflatmt of new housing for- lowef and mid Cofnell has offered to eontribete up to S 10 million ovef the next deeade toward hotisifig pf-ogfaffis that, will benefit its staff-, faeulty, graduate students and area residents. The eommunity ean also make 775 housing units with a total development eost of$1 69 mill; Guiding PFineiples Tofflpkitis Gounty faees -.—ving tieed fof additional housing of all types. This defieit fflandates a foetts on the development of a substantial number- of new housing units over-the next ten ye All fiew housing shotild be developed in eonfofmanee with the Tompkins Gottaty Compr-eheasive -Plan and the adopted Hottsing Strategy fof Tompkins Gottnty eoof:diiiated with loeal munieipal plans. The plan and its implementation str-ategy eneottfage development in ufban areas or growth nodes that are sefved b� • FoFum in sunnner-2007 the group was tasked with putting togethef a eommunity housing eollabofative. The eollabot:ative was an oudine of the housing initiatives that the eomnimnity eouid wot:!E on with ComeN Univet:sity. There was a description of the pizogr-afns themselves and a brief diseussion of what it would take to aeeoFaplish eaoh pfogr-am. The eollabor-ative was it is understood 4ia4 the proposed housing pr-ogfafns,as deser-ibed in this doeument,are aeeur-ate as of itifle 9,2008. it is aise undefstood that these progfams will evolve Over-time therefore this doeumeat serwes as a fefereflee Poi The,l4ousin Action Group is an infor-mal gt:oup of housing pFofessionais in Tompkins County. At the Nlayof's Housing UHF 2-OW2015-2-1-8695 t�Tes and sizes. Both r-eiital aiid ownef housiiig should be developed ifi fofffis and sizes that pfovide mor--e ehoiee than is a�vailable today. Mixed ineoffle developffient is highly desi 0 At least New housing development shotild aeeommodate the fieeds of a bf:oad range of household ifleomes,of the new housing that is developed should be woddor-ee housing that is affordable affordable tIffough legally efifer-eeable shared appfeeiation ehafiisms that pr-esefw affordability of units to low and moderate ineome households. All fiew wogEfofee ownef housing should . . afient! taxes,0 Cuffent and f6tur-e Comell employees and other-in eommuter-s should be provided with finaneial ifieentives to live in Tompkins Coutity, pr-efer-abiy with aeeess to the ptiblie tr-anspoftation system. 0 All housing pfogfatns should, to the flifflEiffittffl extent feasible, levefage outside funding 0 All tiew housing shotild pay a fair- share of so as to not shift the > eost of pfoviding publie sef-viees and iiiffastfaetufe to other-r-esidefits, unless taxes afe expfessly abated to 0 All new housing should utilize green building pr-aetiees to eneottr-age sensible development pattefas; energy effieiefiey; > > and Proposed Housing Programs The following are brief deser-iptions of hottsing pfogr-ams that ean be implemented thfough this r-edtietion of waste. UHF 24)492015-2-1-8695 Tompkins County. initial r-eeammended fifianeial eommitments fFofn ptiblie and private settrees to establish the Hoosing Affordability Fund and Housing T-mst F-tind are pr-evided. 1~'r4nr nvnn A rsrCTnB 17nr sp4G PReGn A rR [f miT-T 441 land,Housi�4G AFFORDABILITY FUND Goah -Pr-E),vide grants or- loans to s"pot4 the pr-e development of affordable hottsing p Type of housing: Available to suppoi4 the development of any new eonstfuetion or- substantial f4ts into the hottsifig programs deser-ibed below. Description: A loeally funded and administer-ed fund that assists with the pr-edevelopment eosts assoeiated with aff-oFdable of faixed iiieofae housing pFojeets. Eligible ttses of the fiind would ineltide the eost of ital assessment; site design; design; approvals; > fnafket studies; or-fifianeing fees. it is expeeted that the flifid will be t:epaid when the pr-ojeet has been eompleted and the pefmanent finaneing is in plaee, but the money eottid also be for-given for low ineome or mixed ineome pr-ojeets uiideftakefl by a iion pfofit developer, Eligible boffoweFs would ifielude both for- pFofit and non pFofit developers. An oversight board would establish goals for the program; r-eview applieations fundifig; and approve role.eaeh ffem Tompkins Cottaty and the City of ithaea and $400,000 ffem ComeA over-the next 6 yeai-7s. The County and City funds would be r-estr4eted to pr-oj eets that primarily betiefit low ineeme hotisehol- - Who's responsible? An ovef sight boafd vested with the authority to make funding d i i .f*,e4 proposals, supplemented by stag eapable of analyzing pr-ojeets and er-eating loan doettments. An existin board stteh as the 1DA or-WAD beard, aeee-ptable to fidfider-s, may be suited to sen,e this 1 UHF 2-OW2015-2-1-8695 Lever-age• $400,000 gE)N'eMMeRtS. Pr-edeVelOpffiefIt FHOfle�'fff pr-ojeets Potentially lever-ages other development Aindin ratio of about 1:1-2. r•o mr�r 44iT- T Hous,pu°gin Coall Gfeate pefmanently aff-or-dable housing units for-low or-moderate ineofae hofflebuyefs. Type of housing! Any femi of owner oeetipied hottsing ifieludifig single family detaehed; semi detaehed, condominium ve. Either-new of existing housing eottid be bfought into the subsidies by ensufing that homes i!efflain aff-or-dable to ftitttf:e generations of buyers. Pefmanent, homeowfier- ean take ffom the hottse"oft sale. Commenity hottsing tmst homes rise in value, but at -Ei slowet:rate than the eonventional housing fnafket. The development proeess foi:eommunity housing tfus zn eonventional aff-or-dable housing pur-ehase sttbsidy programs stieh as grants for- down payment and elosin eosts or low interest first mortgage loans. The non profit r-et nt stewardship of the land an the rf r•1 ofr io deed s•1, eti Finaneing! The fund wotild be eapitalized at $1,600,000 by eommitments for eontribetions of$400,000 years.eaeh ffom Tompkins County and the City of ithaea and $800,000 ffom Cor-nell over-the next 6 zn flinding for progrwn management. An $900,000 Come!! eontr4bution over-the next six years leverages $900,000 in funds ffom Tompkins County and the City of ithaea. Aff-OFdability is aehieved thFoug subsidize eofistmetion and gt:afits of:loafis to lower-the eost of ptir-ehase fifianeing. These stibsidies would Donations of land of fiiiatieial eontr-ibutions to assist with the pur-ehase of land afe ifflpoi4ant elements in UHF 20092015-2-1-8695 Who's responsible? Th' ill need to be established and adfainistefed by a iian pfefi i that has the ea-paeity fei:real estate development, marketing, leading and legal over-sig IN14S has initiated the dewlepment of a eommunity housing tfust and expeets to eventually spin off-a moderate ineeme household would utilize eetiventional development and pttr-ehase f4flafleiflg. residential hottsing. A eentr-ibution of land would levet:age other- ftinds on a 1!4 basis. Notising bi under the eommunity housing tFust eoneept eould also attr-aet signifieant subsidies ffom state and federal affefdable housing pr-ogr-affls. The long tefffl affordability of this housing eould require highef t fiofmal subsidy amotifits, A Ewan n r Housiw4G DEN,,i opmEwrm fnnnimmcnl T n v F4vFt rnm T2nr.rr�l�'rr.r n r rrnTr/(`nr.r�rm 1�'w rr n n r+r.n,rrr.Tm fnr,rrmmr.r�l 1 GDBG HF 2-OW2015-2-1-8695 Principles of Gor-nell Woddoree Housing initiative v n czvw ircccn-rrcm crrcritcccn crori The pr-itnafy objeetives for-the woflEfor-ee housing initiative are to benefit the future reefuitment and housing options as applieable, eonsistent with the Univer-sity's eamptts master-plans. 2 Housing Stook development of quality, attr-aetive and stistaitiable residential eommunities for-the befiefit of Comell a-Ed its employees, and the e Gomell will work on aff-or-dable hotising soltitions with pfefer-enee to first time homebuyer-s, by housing Hoosing ass' *afns flifided via the initiative should befiefit Gomel! employees seeking homes near the m „6.1:e t,-a spoftation „tom nodes, and r-edttee the median eoffinittte distanee of Coffiell employees. Housing ass' ' . — s Must eontain an affay of sustainability faetor-s sueh as. (a) long tem 5. Tr- Strategies GDBG HF 2-OW2015-2-1-8695 7 n,a pt bili �. Housing ass' ' . —'ams and housing development projects funded via the initiative should be eapable of adapting to evolving eaffiptts needs. 9. Community Alignment Housing assistanee pr-ogr-ams and housing development projects funded via the initiative should align with The initiative includes collaboration with local munieipal sponsofs in an ef-foft to lever-age local, state—, and housing development projeets flitided via the initiative. 1 HF 2015-1-8695 MEMORANDUM OF UNDERSTANDING AMONG THE COUNTY OF TOMPKINS, THE CITY OF ITHACA,AND CORNELL UNIVERSITY WITH REGARD TO THE COMMUNITY HOUSING DEVELOPMENT FUND WHEREAS, the signatories of this Memorandum of Understanding (MOU) established the Tompkins County Housing Fund in 2009 and have successfully administered it through 2015, assisting the construction of 124 affordable housing units to date and with an additional 80 units expected to proceed to construction, and WHEREAS,the signatories wish to further develop this program as the Community Housing Development Fund("the Fund") to be used to meet affordable housing needs throughout Tompkins County,the goal of the Fund being to assist communities, organizations, and housing developers throughout Tompkins County to respond to the diverse affordable housing needs of its residents, and WHEREAS, the signatories recognize the value of producing and retaining mixed-income housing that is available to a diversity of residents with a range of incomes, and that mixed-income housing projects that include affordable units should be encouraged and eligible for program assistance,particularly to support projects complying with local inclusionary zoning ordinances, WHEREAS, in administering the Community Housing Development Fund, the signatories recognize the benefits of providing funds to experienced for-profit and not-for-profit developers for the cost of land and other costs associated with the development, rehabilitation, and retention of affordable housing units, provided that the housing units assisted with those funds remain permanently affordable for those earning up to 80% of Area Median Income (AMI) or up to 120% of AMI provided a project also contains a significant proportion of housing units for households earning 80% or less of AMI, and WHEREAS, the signatories further recognize that the understanding of the challenges to affordable housing development and preservation, and best practices to improve and expand the supply of affordable housing, continue to evolve as both Tompkins County and communities throughout the nation continue to face complex and persistent affordable housing challenges,NOW, THEREFORE, the signatories agree as follows: A. The signatories are the COUNTY OF TOMPKINS (hereinafter"County"), the CITY OF ITHACA (hereinafter"City"), and CORNELL UNIVERSITY (hereinafter"Cornell"), with all signatories hereinafter jointly referred to as "the participating entities". B. The Community Housing Development Fund is a locally funded and administered program that assists with the development costs associated with residential and mixed-use real estate development projects. The Fund is intended to ensure that newly constructed or rehabilitated homes, as well as existing affordable housing units, remain permanently affordable to future generations of renters and buyers. C. In accordance with the objectives set forth in the whereas clauses above, a Notice of Funding Availability(NOFA) will be drafted for each funding round released under the Community Housing Development Fund to describe available funding opportunities and application procedures. Applicants for funding consideration will be required to submit detailed evidence of their qualifications and capabilities in completing similar projects and successfully delivering new or adaptive-reuse housing, or preserving existing affordable units that conform to the affordability objectives described in the Notice of Funding Availability. Funds shall be awarded as described below in Section G. Applicants 1 HF 2015-1-8695 will be required to comply with certain measurements and performance criteria intended to ensure that disbursed funds fulfill the objectives set forth by the signatories. D. The participating entities shall form a Program Oversight Committee made up of three representatives appointed by each signatory to this Memorandum of Understanding, for a total of nine members. It is suggested that at least one representative be a member of the elected body or senior administration of each signatory. The remaining City and County seats should be drawn from community members with relevant expertise such as those representing a financial institution with housing lending experience; a real estate development firm or organization; a representative from an economic development firm or organization or in the case of Cornell University, a Cornell representative with housing lending, real estate, or economic development experience. Each participating entity shall appoint one alternate member, and may also appoint one staff member as an ex-officio non-voting member. E. The Program Oversight Committee will be responsible for(1) administering the Fund(including but not limited to finalizing and administering the NOFA document and process)with assistance from staff of the Tompkins County Planning Department; (2) appointing members to and reviewing recommendations from the Application Review Committee; and(3) making final funding recommendations to the participating entities. In addition, the Program Oversight Committee will be responsible for(4) monitoring the use of funds, (5) overseeing the funds any additional entities may choose to contribute, and(6) identifying and proposing other opportunities to advance affordable housing within Tompkins County, subject to the approval of the participating entities. F. An Application Review Committee shall consist of members appointed by the Program Oversight Committee to evaluate and rate applications for funding and provide recommendations to the Program Oversight Committee on such funding applications. The Application Review Committee members may include an appointed member representing housing professionals from outside the County and should include appointed local professionals with experience in relevant fields such as real estate development, housing, the building industry,planning, sustainable development, human service needs, or real estate finance. G. Participating entities agree to enter into the MOU with the understanding that funds will be provided based on the recommendations of the Program Oversight Committee, and to enter into grant agreements with funding recipients in a timely fashion. However, notwithstanding the above, each participating entity shall have the right to decline use of its own funds for an application recommended for approval by the Program Oversight Committee that does not, at its sole discretion, match its housing initiative priorities. In recognition that City residents pay property taxes to the County, the County agrees not to decline an application for funding solely because the housing project is located within the City, to the extent permitted by applicable laws and regulations governing use of County funds paid toward the funding of the NOFA. The decision of the participating entity to decline support of a project cannot be overruled by the Program Oversight Committee. H. Each participating entity shall contribute funds in the amounts specified below to be used to capitalize the Community Housing Development Fund. Each participating entity will have custody of and manage its individual contributions, at its own expense. 2 HF 2015-1-8695 Table 1: Sources of Funds for the NOFA. Term of MOU Tompkins County City of Ithaca Cornell Total University Year 1 $100,000 $100,000 $200,000 $400,000 Year 2 $100,000 $100,000 $200,000 $400,000 Year 3 $100,000 $100,000 $200,000 $400,000 Year 4 $100,000 $100,000 $200,000 $400,000 Year 5 $100,000 $100,000 $200,000 $400,000 Year 6 $100,000 $100,000 $200,000 $400,000 Total Contribution $600,000 $600,000 $1,200,000 $2,400,000 I. The COUNTY agrees to: l. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU)toward the funding of the NOFA and any affordable housing related efforts approved by the participating entities. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA). 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding. 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Provide assistance from staff of the Tompkins County Planning Department to support the administration of the Fund. 6. Provide assistance from staff of the Tompkins County Planning Department to support the Program Oversight Committee and the Applications Review Committee. 7. Enter into agreements for disbursement of funds to approved recipients. 8. Track all funds contributed to the Community Housing Development Fund, invoice participating entities for the funds awarded from their contributions to particular proposals, and disburse the funding awards as appropriate for proposals awarded funding. 9. Account on a regular basis to the other participating entities for disbursement of funds from the Community Housing Development Fund. 10. Determine a process by which the COUNTY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing- related activities suggested by the Program Oversight Committee. No COUNTY contributions to the Fund will be used for these additional activities without COUNTY approval. J. The CITY agrees to: 1. Contribute $600,000 ($100,000 annually per Table 1 during the term of the MOU)toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA). 3. Make such contribution on the condition that all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with the municipal program requirements for the sources of funding. 4. Participate on the Program Oversight Committee throughout the NOFA process. 3 HF 2015-1-8695 5. Enter into fiscal agreement(s) with the COUNTY and make funds available for disbursement to approved recipients receiving support from the City's contribution to the Fund. 6. Track City funds committed to the Community Housing Development Fund. 7. Determine a process by which the CITY will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing- related activities suggested by the Program Oversight Committee. No CITY contributions to the Fund will be used for these additional activities without CITY approval. K. CORNELL agrees to: 1. Contribute $1,200,000 ($200,000 annually per Table 1 during the term of the MOU) toward the funding of the NOFA. 2. Participate in the Program Oversight Committee to prepare a Notice of Funding Availability (NOFA) consistent with Cornell University's workforce development and housing goals. 3. Make such contribution on the condition all disbursements of funding made from its contributions are used on proposed housing projects or related efforts approved by the participating entities, consistent with Cornell University's workforce development and housing goals. 4. Participate on the Program Oversight Committee throughout the NOFA process. 5. Make funds available for disbursement to approved recipients receiving support from Cornell's contribution to the Fund. 6. Track Cornell funds committed to the Community Housing Development Fund. 7. Determine a process by which the Cornell will determine whether or not it grants approval of using the Community Housing Development Fund to support additional affordable housing- related activities suggested by the Program Oversight Committee. No CORNELL contributions to the Fund will be used for these additional activities without CORNELL approval. L. Additional municipalities, major employers, charitable foundations, or private entities are encouraged to contribute funding to the Community Housing Development Fund. It is the responsibility of the Program Oversight Committee to oversee the contributions of additional entities. The Program Oversight Committee may accept or reject contributions at its sole discretion. The Program Oversight Committee will at its sole discretion determine how funds from additional entities are to be disbursed. In the event an additional municipality, major employer or charitable foundation who commits to contribute funding also seeks representation on the Program Oversight Committee, such representation shall be permitted as follows: 1. A contribution of$50,000 or more to the Community Housing Development Fund by an interested municipality, major employer or charitable foundation will make it eligible to appoint one associate member to the Program Oversight Committee for the program year in which the contribution is made. Associate members will have voting privileges but will not be counted towards quorum. 2. The contributors will agree to disburse funding awards for proposal(s) receiving funding as directed by the Program Oversight Committee. M. Funds not expended in one year by any of the participating entities will be rolled over to the following year and will be available in addition to the participating entity's annual contribution. N. This MOU shall be effective upon execution by all the participating entities and shall have a term of six-years or until such time as funds encumbered by each of the participating entities for the Community Housing Development Fund are committed and fully expended, whichever is later. 4 HF 2015-1-8695 O. Each participating entity may terminate this MOU for any reason upon thirty(30) days written notice to the other participating entities. Upon termination, the terminating entity shall honor the funding obligations from any agreements made by it with funding recipients prior to the date of termination. Any contributions committed to the Community Housing Development Fund by the terminating entity for the year within which the written notice of termination was issued will remain available for use on Community Housing Development Fund projects. P. Modification: This Memorandum of Understanding may be modified at any time by mutual agreement of all three signatories. Q. The Program Oversight Committee will review the Notice of Funding Availability, Program Oversight Committee bylaws, and the Memorandum of Understanding as needed. When the POC has discussed a particular programmatic change, final approval of language can be obtained by email with all committee members. If an objection is raised by any voting member within 10 business days, said change must be brought to the next Program Oversight Committee meeting for a final decision. Should no objections be raised within 10 business days, the change will take effect. R. To the extent permitted by law, each participating entity hereby agrees to indemnify, hold harmless and defend the other participating entities and their respective officers, employees, agents and elected officials from and against any and all claims and actions brought against the other participating entities and their respective officers, employees, agents or elected officials, for injury or death to any person or persons, or for damage to property, arising out of the performance of this Memorandum of Understanding by the participating entity, its employees, subcontractors, or agents. S. Participating entities will not discriminate against any employee, applicant for employment, sub- contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. T. The Program Oversight Committee shall adopt, by agreement of at least seven committee members, bylaws that minimally define a quorum as 6 members including at least 2 voting members from each participating entity, and specify the minimum number of votes required to take action. Amendments to the bylaws shall require agreement of at least seven duly appointed committee members. 5 HF 2015-1-8695 Tompkins County Name: Title: Signature: Date: City of Ithaca Name: Title: Signature: Date: Cornell University Name: Title: Signature: Date: 6 10.2 Mayor - Approval of a New Bus Service in the City - Resolution 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 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.