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HomeMy WebLinkAbout10-04-17 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, October 4, 2017, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA PLEDGE OF ALLEGIANCE: 1. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 2. PROCLAMATIONS/AWARDS: 3. SPECIAL ORDER OF BUSINESS: 4. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 6. INDIVIDUAL MEMBER FILED RESOLUTIONS: 6.1 Alderperson Murtagh – A Motion to Fill the Vacant Fifth Ward Common Council Seat 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Approval of the 2017-2018 Civil Service Agreement with the Ithaca City School District - Resolution 8.2 Ithaca Police Department (IPD) - Request to Amend 2017 Authorized Budget for Grant - Resolution 8.3 Ithaca Fire Department (IFD) – Amendment to 2017 Budget - Resolution 8.4 Water & Sewer Department (W&S) - Request to Establish a Capital Project for Water and Sanitary Sewer Mains on Albany Street - Resolution 8.5 Finance Department - Approval of 2016 City of Ithaca Single Audit - Resolution 8.6 An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” Related to Appeal and Variance Procedures 8.7 Renewal of the City of Ithaca’s Co-Sponsorship with the Rotary Club of Ithaca for the 2018 Fourth of July Fireworks Event - Resolution Common Council Meeting Agenda October 4, 2017 Page 2 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Transfer of Property at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA) to Structure a Proposed Urban Renewal Project Subject to Common Council Approval – Resolution A. Designation of Lead Agency – Resolution B. Determination of Environmental Significance – Resolution C. Approval of Resolution 9.2 Resolution Requesting Environmental Review of Proposed Cargill Mine Shaft 9.3 Local Landmark Designation of the Larkin Building at 403 College Avenue - Resolution 10. CITY ADMINISTRATION COMMITTEE: 10.1 Common Council – A Local Law to Override The Tax Levy Limit Established in General Municipal Law 10.2 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. MAYOR’S APPOINTMENTS: 13.1 Appointment to Workforce Diversity Advisory Committee – Resolution 14. REPORTS OF COMMON COUNCIL LIAISONS: 15. REPORT OF CITY CLERK: 16. REPORT OF CITY ATTORNEY: 17. MINUTES FROM PREVIOUS MEETINGS: 17.1 Approval of the August 2, 2017 Common Council Meeting Minutes – Resolution 17.2 Approval of the September 6, 2017 Common Council Meeting Minutes - Resolution 18. 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. ________________________________ Date: September 29, 2017 Julie Conley Holcomb, CMC, City Clerk 6. INDIVIDUAL MEMBER FILED RESOLUTIONS: 6.1 Alderperson Murtagh – A Motion to Fill the Vacant Fifth Ward Common Council Seat RESOLVED, That Michael Decatur be appointed to fill the vacancy in the Fifth Ward, expiring December 31, 2017, created by the resignation of Alderperson Josephine Martell. 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Approval of the 2017-2018 Civil Service Agreement with the Ithaca City School District - Resolution RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period July 1, 2017 to June 30, 2018, in an amount payable to the City of Ithaca of $57,948 on or before December 1, 2017. AGREEMENT THIS AGREEMENT made the day of , 2018, by and between the CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “City”, party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “School District”, party of the second part. WITNESSETH: WHEREAS, the Board of Education of the School District desires to enter into a contract with the City for the performance by the City of certain services, to avoid duplication and unnecessary expense, particularly services in connection with Civil Service matters on behalf of the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law, and WHEREAS, the total number of classified Civil Service employees on the payrolls of the City and the City School District for the final payroll period in December 2016 was 866, and WHEREAS, the actual annual expenditures for the Civil Service Commission of the City of Ithaca for the 2016 fiscal year of the City was $105,649; NOW, THEREFORE, the parties hereto agree as follows: 1. That for the services rendered and to be rendered by the City for the School District during the School District fiscal year, which is July 1, 2017, through June 30, 2018, the School District shall pay to the City a lump sum of $57,948, payable on or before December 31, 2017. 2. In consideration of such payment, the City agrees: (a) to furnish the School District the part-time services of the Civil Service Commission of the City of Ithaca and the members of its staff, and the City Clerk and the members of her staff; and (b) to handle the records and perform any other necessary Civil Service services relating to Board of Education employees in the classified service, including examinations and tests when required. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ITHACA, NEW YORK By: ________________________ Mayor ATTEST: ________________________ City Clerk CITY SCHOOL DISTRICT CITY OF ITHACA, NEW YORK By: ________________________ Assistant Superintendent of Business Services ATTEST: ________________________ School District Clerk 8.2 Ithaca Police Department (IPD) - Request to Amend 2017 Authorized Budget for Grant - Resolution WHEREAS, the City of Ithaca Police Department recently received a Grant in the amount of $10,000 from The Jewish Communal fund for a heated concrete floor and insulated exterior wall at the Police Department training range; now, therefore be it RESOLVED, That Common Council hereby accepts the Grant for said improvements to the Police Department Training Range and amends the 2017 Authorized Police Department Budget as follows: Increase Revenue Account A3120-2705-5017 $10,000 Increase Appropriation Account A3120-5475-5017 $10,000 8.3 Ithaca Fire Department (IFD) – Amendment to 2017 Budget - Resolution WHEREAS, on September 8, 2017, the Ithaca Fire Department was notified that it had received a FEMA Assistance to Firefighters Grant to purchase and install two (2) new protective gear washers; and WHEREAS, the budgeted amount to purchase and install two (2) protective gear washers is $24,900; and WHEREAS, up to $22,637 for the purchase and installation of two (2) protective gear washers is funded through the Assistance to Firefighters Grant Program; and WHEREAS, ten percent (10%) of the of the total cost to purchase and install two (2) protective gear washers is estimated at two thousand two hundred sixty-three dollars ($2,263), and will be paid from the 2017 fire department operating budget; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 Fire Department Budget as follows: Increase Expenses: A3410-225 Equipment $ 22,637 Increase Revenues: A3410-2770 Unclassified Revenue $22,637 To: Common Council From: Tom Parsons, Fire Chief cc: Svante Myrick, Mayor Date: 9/8/2017 Re: Amendment to the 2017 Fire Department Budget On September 7th, 2017, the Ithaca Fire Department was awarded an Assistance to Firefighters Grant from the Federal Emergency Management Agency for the purchase and installation of two new protective gear washers. The estimated cost for the purchase and installation of the equipment is $24,900, which the AFG Award will fund up to $22,637. These specialized gear washers are used to clean the chemical contamination that is absorbed into a firefighter’s turnout gear during a fire. The chemicals that are produced by the combustion of common materials found in homes and businesses are toxic and carcenogenic. It is important that a firefighter’s protective clothing be cleaned after every fire. These new gear washers are designed to maximize the cleaning process, while not causing excessive forces to damage the gear. One of the gear washers will be used to clean the inner part of the two-piece turnout gear, and the second gear washer will be used to clean the outer and more contaminated part of the turnout gear. The department is currently using a 20 year old commercial clothing washer to clean both the inner and outer parts of the firefighter’s protective clothing. The resolution adjusts the 2017 budget to show the grant funding as revenue and adds the purchase and installation of the gear washers as an expense in the operating budget. Ten percent of the total cost for the compressor is being funded out of the 2017 Fire Department Operating Budget. 8.4 Water & Sewer Department (W&S) - Request to Establish a Capital Project for Water and Sanitary Sewer Mains on the 100 Block of South Albany Street and the 100 and 200 Blocks of North Albany Street - Resolution WHEREAS, the City’s water main in the 100 block of South Albany Street and in the 100 and 200 blocks of North Albany Street is 126 years old, originally constructed in 1891, and the City’s sewer main in the 200 block of North Albany Street is 121 years old, originally constructed in 1896; and WHEREAS, the City’s street in the100 block of South Albany Street and in the 100 and 200 blocks of North Albany Street is funded and scheduled for a full depth rebuild in 2018; and WHEREAS, it was necessary to replace the old water and sewer infrastructure before rebuilding the road above; and WHEREAS, the Water & Sewer Division of the City’s Department of Public Works had only a small window of opportunity to perform the work, and the work has already been engaged; and WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division staff have estimated the maximum cost for replacement to be $402,000, allocated $298,750 for water and $103,250 for sewer; and WHEREAS, City Department of Public Works Water & Sewer Division staff estimates city crews will complete this work in the time frame from September 2017 to October 2017; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #537 Albany Street Water Main in the amount of $298,750 and Capital Project #634 Albany Street Sewer Main in the amount of $103,250, with total funding not to exceed $402,000 to fund the construction for the replacement of the water main in the 100 block of South Albany Street and in the 100 and 200 blocks of North Albany Street and the Sanitary Sewer main on the 200 block of North Albany Street; and, be it further RESOLVED, That funds needed for said project shall be derived from the advance of Water and Sewer operating funds with the later repayment from the issuance of Serial Bonds. 100 Blocks N & S + 200 Block of Albany Street Water & Sewer Replacement Project Time Estimate by Erik Whitney, 6/29/17 Duration #Work Location (Days)Notes: 1 Install 975-LF of 8-Inch CL 52 DIP Water 100 Block South - 200 Block North 16 2 Install (1) 4"X4"X4" TS&V + 4"x 8" Reducer Intersection Green Street 2 3 Install 8" Cross & (4) 8" GV Intersection State Street 2 4 Install 8" Cross & (4) 8" GV Intersection Seneca Street 2 5 Install (1) 6"X6"X6" TS&V + 6"x 8" Reducer Intersection Buffalo Street 2 6 Install (3) 6-inch lines & Fire Hydrants 100 Block South - 200 Block North 4 7 Water Main Disinfection/Pressure Testing/Bacteria Test 100 Block South - 200 Block North 4 8 Install/Connect to New Water Main 11-Existing Water Services 100 Block South - 200 Block North 7 9 Install 333-LF 8-inch SDR 35 PVC Sewer 200 Block North 5 10 Install/Connect to New Sewer Main 4-Existing Sewer Laterals 200 Block North 2 Total Estimated Work Time=46 9 work weeks total TS&V = Tapping Sleeve & Valve GV = Gate Valve DIP = Ductile Iron Pipe LF = linear feet Cost Estimate Unit Subtotal Quantity Cost Cost Includes Item $$Work #'s Replace Water 975 LF 250.00$ 243,750.00$ 1,2,3,4,5,6,7 Replace Water Services 11 EA 5,000.00$ 55,000.00$ 8 Replace Sanitary Sewer 333 LF 250.00$ 83,250.00$ 9 Replace Sewer Services 4 EA 5,000.00$ 20,000.00$ 10 Total =402,000.00$ 8.5 Finance Department - Approval of 2016 City of Ithaca Single Audit - Resolution RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2016 through December 31, 2016, prepared by the accounting firm of Insero & Company CPA’s LLP, be accepted to comply with all the City’s applicable Government Accounting Standards Board (GSB) Statement 34 and other related audit and single-audit requirements. 8.6 An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” Related to Appeal and Variance Procedures WHEREAS, on September 6, 2017, Common Council enacted fire and safety regulations pertaining to mobile food vending operations within the City; and WHEREAS, in the process of developing such fire and safety rules for mobile food vending, staff determined that the appeal and variance sections of Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” require updates; now, therefore ORDINANCE NO. 2017- ______ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. Chapter 181, Section 11 refers appeals to the “Board of Fire Appeals”, which does not currently exist. 2. This ordinance will clarify that variances from and appeals of the provisions of Chapter 181 may be brought to the Building Code Board of Appeals, established in Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement” to decide appeals and requests for variances related to safety and fire regulations. Section 2. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention”, Section 181-11 entitled “Board of Fire Appeals” is hereby amended to read as follows: Reserved. [A. The Board of Fire Appeals shall be appointed by the Mayor with the consent of the Common Council and shall be composed of five members who shall be selected on the basis of their interest in fire prevention. The Mayor may appoint not more than one Council member and one Fire Commissioner to serve on this Board. B. This subsection shall apply only to those elements of this chapter that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever the Chief of the Fire Department or the Fire Marshal shall refuse to grant an operating permit applied for, or when the Chief of the Fire Department or the Fire Marshal shall revoke a duly granted permit for alleged violation of the provisions of this chapter and/or the terms on which the permit was granted, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the Board of Fire Appeals within 30 days from the date of the decision. The Board of Fire Appeals may affirm, modify or reverse any determination of the Chief of the Fire Department or the Fire Marshal made pursuant to the provisions of this chapter.] Section 3. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” Section 181-12(B) entitled “Variance procedures; appeals” is hereby amended as follows: B. This subsection shall apply only to those elements of this chapter that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever the Chief of the Fire Department or the Fire Marshal shall refuse to grant an operating permit applied for or when the Chief of the Fire Department or the Fire Marshal shall revoke a duly granted permit for alleged violation of the provisions of this chapter and/or the terms on which the permit was granted or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the Building Code Board of Appeals within 30 days from the date of the decision. The Building Code Board of Appeals may affirm, modify or reverse any determination of the Chief of the Fire Department or the Fire Marshal made pursuant to the provisions of this chapter. Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This ordinance shall take effect on the later of (i) October 4, 2017 and (ii) publication of notice as provided in the Ithaca City Charter. 8.7 Renewal of City of Ithaca’s Co-Sponsorship with the Rotary Club of Ithaca of the 2018 Fourth of July Fireworks Event - Resolution WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, 2017 was the first year that the Rotary Club and City of Ithaca co- sponsored the July 4th fireworks event in Stewart and Cass Parks; and WHEREAS, City staff and Rotary Club representatives wish to renew the agreement between the parties in which the City provided traditional municipal services and the Rotary Club provided all planning and funding for the fireworks and services not otherwise provided by the City; and WHEREAS, as co-sponsor of the fireworks event, the Rotary Club of Ithaca commits to funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety measures and sanitary amenities; and WHEREAS, as co-sponsor of the fireworks display event, the City would not be responsible for making payment or additional costs, but commits to contracting for, but not payment, the fireworks display and providing City insurance coverage, equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department to support the event at no cost to the Rotary Club; now, therefore be it RESOLVED, That Common Council supports the City of Ithaca’s co-sponsorship of the fireworks event in July 2018 and authorizes the City to provide in-kind services at no charge to the event; and, be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a renewal memorandum of understanding with the Rotary Club to co-sponsor the event and memorialize the roles and responsibilities with respect to the fireworks event. ROTARY CLUB OF ITHACA AND CITY OF ITHACA MEMORANDUM OF UNDERSTANDING THIS AGREEMENT, among: • The CITY OF ITHACA, a municipal corporation in the State of New York, with offices at 108 E. Green Street, Ithaca, New York 14850, hereinafter the “City,” • ROTARY CLUB OF ITHACA, constituting a constituent member club of Rotary International of Evanston, Illinois with a mailing address for purposes of this agreement of c/o Dale Johnson, 391 Teton Ct, Ithaca, New York 14850, hereinafter “Rotary Club,” WITNESSETH THAT: WHEREAS, the CITY wishes to continue its tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, the Rotary Club has expressed interest in developing the fireworks into an annual event in Stewart and Cass Parks; therefore IN CONSIDERATION OF the promises, covenants and agreements contained herein, the parties hereby agree as follows: 1. By executing this agreement the parties intend to affirm the public/private partnership between the City and Rotary Club to co-sponsor a Fourth of July fireworks celebration in Stewart and Cass Parks (hereinafter, the “Event”), and to provide structure and process to define how the parties will work together to co-sponsor the Event. 2. The parties acknowledge and understand that, as owner of Stewart and Cass Parks, all decisions concerning the Event are subject to the City’s approval process. Accordingly, the Rotary Club shall submit proposed Event details in the format of the City’s Special Events application and in accordance with City Code Section 132-7. 3. Responsibilities of the parties: a. Rotary Club agrees to plan, subject to the City’s approval, and finance all aspects of the Event, including payment for the fireworks and other concessions, vendors, entertainment, traffic and safety measures and sanitary amenities. b. Notwithstanding the Rotary Club’s financial responsibility for the Event, the City agrees to assist the Rotary Club with Event details that overlap with municipal functions. The City shall be responsible for contracting, but not payment, for the fireworks display. 4. In its role as planner of the Event, the Rotary Club shall organize and coordinate all proposed vendors, entertainment, and other public safety, sanitary or convenience provisions subject to City review and approval of the Special Event plan. 5. The City shall process the application as other Special Events; however, as co-sponsor of the Event, the City shall provide assistance with any services regularly performed as a municipal function. These services shall include contributing the equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department at no cost to the Rotary Club. The parties recognize that City overtime assignments are voluntary and dependent on individual employee’s signing up for overtime. The parties agree that additional non-City staffing may be required for the Event, and Rotary shall be responsible for the cost of any additional non-City staffing. The City’s contributions and other safety, security, and sanitary measures required and provided by the Rotary Club will be developed by the parties through the Special Events Process. 6. In planning the Event, the parties anticipate up to 10,000 attendees in varying locations. In addition to fireworks, the parties endeavor to organize an event that includes live entertainment, food and refreshment and other vendors. The Event will require provisions for parking and traffic control, lighting, restroom facilities for the public, security detail, and post-event clean up. For purposes of providing sanitary facilities, the parties presume that the Event will be attended by 5,000 participants. The parties agree to meet regularly to discuss and coordinate aspects of the Event. 7. To the extent that any proposed feature of the Event requires support from functions performed by the City and its departments, the City shall provide such support without requiring reimbursement from the Rotary Club. 8. The Rotary Club agrees to staff the Event with volunteers. Additionally, the Rotary Club agrees to contract for and finance all aspects of the Event not otherwise provided by the City under this Agreement, and as further defined in the approved Event Plan. Notwithstanding the foregoing, the parties agree that the City shall contract with the fireworks display company, provide insurance, and coordinate fire services for the fireworks display; however, Rotary Club shall be responsible for transferring funds to the City to provide for timely payment to the fireworks display company. 9. The Rotary Club plans to fundraise for purposes of financing the Event. Such fundraising may also include grant funding. The Rotary Club agrees that it shall discuss with the City any grant application (and the conditions associated therewith) it proposes to make, substantially in advance of—and in no event less than seven days prior to—the submission of such application. If the City objects to any of the conditions that would be associated with such grant, it shall so inform the Rotary Club, in order to avoid a situation where the parties are unable to comply with the grant conditions. In advance of submitting the grant application, the parties shall determine which party will be responsible for receiving the grant funds, reporting requirements, voucher submissions, and any other requirements of the grant. 10. Either party may terminate this Agreement upon giving the other party 90 days' prior written notice of such termination. 11. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. Modifications and amendments to this agreement, including any exhibit or appendix, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. 12. This Agreement shall be governed under the Charter and Municipal Code of the City of Ithaca and the laws of the State of New York without regard to, or the application of New York State’s choice of law provisions. The parties further agree that the Supreme Court of the State of New York, held in and for the County of Tompkins shall be the forum to resolve disputes arising out of either this agreement or work performed according thereto, and the parties consent to the jurisdiction of such court. 13. For the purpose of providing any notice required pursuant to this Agreement, the contact persons for each party shall be as follows, unless modified by any party, pursuant to written notices thereof provided to the other parties: - For the CITY OF ITHACA: Julie Holcomb, City Clerk AND City Attorney 108 E. Green Street 108 E. Green Street Ithaca, NY 14850 Ithaca, NY 14850 (607) 274-6570 (607) 274-6504 jholcomb@cityofithaca.org attorney@cityofithaca.org - For the ROTARY CLUB OF ITHACA: Dale Johnson AND Jim Johnston 391 Teton Court 109 East Lake Road Ithaca, New York 14850 Ithaca, New York 14850 (607) 272-0212 (607) 272-7565 / (607) 351-0936 djohnson@hospicare.org jimj14850@gmail.com 14. This agreement is subject to the Laws of New York. 15. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken as a whole, shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have caused this MOU to be signed on the day and year indicated below. SIGNED: CITY OF ITHACA By: ______________________________________ Date: ________________________ Print Name: ________________________________ Title: _____________________________________ ROTARY CLUB By: ______________________________________ By:_______________________________ Dale Johnson Jim Johnston Title: ____________________________________ Title:______________________________ Date: _________________________ Date: _________________________ 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Transfer of Property at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA) to Structure a Proposed Urban Renewal Project Subject to Adopted Resolution A. Designation of Lead Agency – Resolution WHEREAS, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA), via an option agreement, to structure a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project to redevelop the Green Street parking garage; and WHEREAS, such option agreement shall include a seller contingency requiring completion of environmental review and site plan approval of the urban renewal project as a pre-condition for transfer of ownership to the IURA; and WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for the purpose of 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 transfer of less than 2.5 acres of land is an “Unlisted” action pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires environmental review under CEQR; and WHEREAS, the property to be transferred at 120 East Green Street is 1.45 acres in size; now, therefore be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself Lead Agency for the environmental review of the transfer of property located at 120 East Green Street (tax parcel #70.-4-5.2) to the IURA for the purpose of structuring a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by Common Council. B. Determination of Environmental Significance – Resolution WHEREAS, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA), via an option agreement, to structure a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by Common Council; and WHEREAS, such option agreement shall include a seller contingency requiring completion of environmental review and site plan approval of the urban renewal project as a pre-condition for transfer of ownership to the IURA; and WHEREAS, the proposed urban renewal project will undergo separate environmental review of the entire urban renewal project after it has been fully defined as part of the mandatory site plan review process; and WHEREAS, the proposed urban renewal project is not fully defined or designed at this time, nor possible without acquisition of City-owned land, therefore an analysis of potentially significant adverse impacts of a yet-to-be defined urban renewal project at the site of the Green Street parking garage is not feasible at this time; and WHEREAS, as part of the site plan review process, the Planning and Development Board regularly conducts rigorous and thorough environmental review of all aspects of the proposed development project that comes before it; and WHEREAS, pursuant to §176-6(F)(1)(b) of the City Environmental Quality Review Ordinance, the re-establishment of a Lead Agency may occur “upon failure of the Lead Agency’s basis of jurisdiction,” so that the Planning and Development Board may subsequently assume the role of Lead Agency for the environmental review for the site plan review of the proposed hotel project; and WHEREAS, the proposed action for transfer of city-owned property of less than 2.5 acres is an “Unlisted Action” under the City Environmental Quality Review Ordinance; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF); and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that circumstances warrant a segmented review of this property transfer from other stages of the proposed urban renewal project and that subsequent environmental review of the proposed project during the required site plan review process will be no less protective of the environment; and, be it further RESOLVED, That the Common Council, as Lead Agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form; 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 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. Transfer of Property at 120 East Green Street to the Ithaca Urban Renewal Agency (IURA) to Structure a Proposed Urban Renewal Project Subject to Common Council Approval – Resolution WHEREAS, a developer has approached the City to acquire and redevelop the Green Street Parking Garage property (Garage) for a proposed mixed-use project including the following elements:  An approximately 25,000 square foot conference center;  Approximately 350 housing units;  Street level active uses along Green Street;  Retention of the Cinemapolis movie theater;  Approximately 450 parking spaces open to the public ; and WHEREAS, the City of Ithaca owns tax parcel #70.-4-5.2 located at 120 East Green Street, a 1.45 acre parcel of which approximately 1.25 acres contains the Garage that is located within a CBD-140 zoning district; and WHEREAS, the Green Street parking garage parcel provides approximately 415 parking spaces currently; and WHEREAS, the western and central sections of the Garage are located on the City- owned tax parcel #70.-4-5.2 and the eastern section is located on air rights over property owned by Ithaca Properties LLC; and WHEREAS, the prospective developer team who approached the City to redevelop the Garage includes Jeffrey Rimland, the managing member of Ithaca Properties LLC who owns the land under the eastern section of the Green Garage; and WHEREAS, the Garage was constructed in 1974 and a recent structural evaluation of the western and eastern sections of the garage found significant structural problems that are estimated to require a substantial investment to extend the useful life of the garage; and WHEREAS, §507 of General Municipal Law authorizes the IURA to negotiate sale of public land with a Qualified and Eligible Sponsor (“Preferred Developer”) to undertake an urban renewal project, which proposed sale and development agreement is subject to a public hearing and approval by Common Council; and WHEREAS, the primary objective of the Urban Renewal Plan is to improve the economic, social and physical characteristics of the project neighborhood; and WHEREAS, City policy requires the Board of Public Works to declare City-owned property surplus for public works purposes prior to any transfer of City-owned property; and WHEREAS, “Plan Ithaca”, the City of Ithaca comprehensive plan, supports compact, mixed-use development located near transit hubs and an increased supply of housing at different levels of affordability; and WHEREAS, environmental review has been completed on this proposed action; now, therefore be it RESOLVED, That Common Council hereby authorizes transfer of the Green Street Parking Garage property located at 120 East Green Street (tax parcel #70.-4-5.2) to the IURA, via an option agreement, for the purpose of structuring a proposed property sale and development agreement with a Preferred Developer to undertake an urban renewal project subject to approval by Common Council; and, be it further RESOLVED, That such option agreement shall contain the following seller contingencies to be satisfied prior to closing: A. Determination by the Board of Public Works that the land and air rights to be conveyed for the re-development project is surplus for public works purposes; B. Discharge of mortgage, or consent of property transfer, by M&T Bank who holds a leasehold mortgage on the Green Garage as security for bonds issued to construct the public portions of the Cayuga Green project; C. Determination of exact boundaries of the parcel to be conveyed; D. Common Council approval of the proposed sale and development agreement with the developer following publication of a legal notice disclosing the essential terms of the proposed sale and development project and a public hearing on the proposed project, E. Completion of environmental review and site plan approval of the urban renewal project ; and, be it further RESOLVED, The Common Council directs the IURA to seek out the following programmatic elements to be included in the project: A. An approximately 25,000 square foot conference center; B. Approximately 350 housing units specifically designed to appeal to a diverse demographic, including a substantial number of units to be affordable to low and/or middle income households; C. Street-level active uses along Green Street; D. Retention of the Cinemapolis movie theater & a public walkway between Green Street and the Commons; E. Approximately 450 parking spaces open to the public, of which at least 90 will be available for short-term parking; and be it further RESOLVED, That the following issues are to be resolved through negotiation to the satisfaction of the IURA and City: A. Disposition of the parking agreement for Marriott hotel guests; B. Compliance with the Downtown Design Guidelines; C. Coordination and compatibility with adjacent properties/uses and the Downtown Ithaca Alliance’s 2020 Strategic Plan; D. Pricing and management of parking available to the public; E. Disposition of outstanding municipal bonds issued for the Green Street Parking Garage; F. Taxable status of the project; G. Customer access to Cinemapolis during all phases of the project; H. Relocation of municipal garbage, recycling and storage functions currently operating at the project site; I. Establishment of boundaries of the parcel to be conveyed; J. Sales price; K. Design of the public walkway between Green Street and The Commons ; and, be it further RESOLVED, That the IURA be required to utilize an open competitive selection process for selecting the Preferred Developer(s); and, be it further RESOLVED, That any subsequent Common Council approval of the IURA proposed urban renewal project shall be contingent upon completion of environmental review and site plan approval of the urban renewal project; and, be it further RESOLVED, That net proceeds from sale of City-owned land to a Preferred Developer shall be paid to the City; and, be it further RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to implement this resolution, including execution of any and all instruments necessary to execute an option agreement with the Ithaca Urban Renewal Agency; and, be it further RESOLVED, That the IURA shall be reimbursed for costs incurred to develop the proposed urban renewal project from lease or loan payments the IURA collects on behalf of the City. Tompkins County Property Viewer Map is user generated and is to be used as a reference only. Data layers are not guranteed to be accurate or up-to-date. 1,369 © Tompkins County GIS 228.1 DO NOT USE FOR CONVEYANCE OR NAVIGATION Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0228.1114.05 This map was automatically generated using Geocortex Essentials. Your tax dollars at work! Notes Citations 9.2 Resolution Requesting Environmental Review of Proposed Cargill Mine Shaft WHEREAS, the first Cayuga Salt Mine shaft was drilled in 1915 and Cargill, Inc. (“Cargill”)’s permitted mining reserves extend into the Town of Lansing, Town of Ulysses, and south into the southern end of Cayuga Lake to within one mile of the City of Ithaca; and WHEREAS, the City of Ithaca recognizes the economic, social, recreational, and ecological importance of Cayuga Lake and its watershed to the State and to the local community; and WHEREAS, New York has established the State Environmental Quality Review (SEQR) process to systematically consider environmental factors early in the planning stages of actions and projects that are directly undertaken, funded or approved by local, regional and state agencies;1 and WHEREAS, environmental review early in the planning stages allows a project to be vetted, and modified as needed, to avoid adverse impacts on the environment;2 and WHEREAS, Cargill’s proposed shaft construction, the mining of the one-mile connecting tunnel, and expanded salt mining have potential adverse impacts that have not been properly reviewed and vetted under SEQR in contrast to the Hampton Corners Salt Mine in Livingston County which is carrying out its second Draft Environmental Impact Statement; and WHEREAS, adverse impacts include impacts on local water resources, including groundwater and the waters of Cayuga Lake and various ways in which substantial quantities of salt would be incidentally brought into contact with such local water resources, not only during current mining operations but also during the post- operational period after the mine is closed and abandoned; and WHEREAS, “the abandonment of dry salt mines raises a difficult problem, as post- abandonment mine flooding is, in most cases, highly probable, with possible severe consequences at ground level;”3 and WHEREAS, “the majority of salt mines succumb to collapse and flooding”4 and “flooding, whether intentional or inadvertent, is …‘game over’ for successful containment or control of the salinity associated with the brine that will inevitably be squeezed out of the mine;”5 and 1 6 NYCRR Part 617; SEQR Handbook, 3rd Edition, 2010, Introduction 2 Ibid. 3 P. Bérest, B. Brouard, and B. Feuga, Dry Mine Abandonment, Abstract, Solution Mining Research Institute (SMRI) Technical Conference Paper, Wichita, KS, Spring 2004. (http://www.brouard- consulting.com/sites/default/files/smri-wichita.pdf) 4 A. Michalski, 1/31/17 comment letter to DEC. 5 R. Vaughan, 12/9/16 comment letter to DEC. WHEREAS, since 1975, and despite several applications for mine expansion by Cargill, the New York State Department of Environmental Conservation (NYSDEC) has never requested a full environmental impact study of the mining risks; and WHEREAS, the 1994 collapse and flooding of the Retsof salt mine in Livingston County and subsequent salinization of an adjacent fresh water aquifer provide an example of various adverse impacts and some of the factors implicated in salt-mine collapse; and WHEREAS, these and other potential adverse impacts on the environment should be subject to full and proper environmental review under SEQR; and WHEREAS, the NYSDEC reviewed the Cargill Shaft 4 project and concluded that the action meets their standards, and on 16 August 2017 issued an applicable permit without full environmental review of the project in its entirety; now, therefore be it RESOLVED, That the City of Ithaca joins with other Cayuga Lake stakeholders in a soon-to-be-filed Article 78 proceeding to require environmental review under SEQR pertaining to Cargill’s Shaft 4 project and all proposed construction and expansion of the Cargill Mine; and, be it further RESOLVED, That a copy of this resolution be forwarded by the City Clerk to Governor Andrew Cuomo, NYSDEC Commissioner Basil Seggos, State Senators Patricia Helming and Thomas O’Mara, Senate Leader John Flanagan, Senate Minority Leader Andrea Stewart-Cousins, Assemblywoman Barbara Lifton, Assembly Speaker Carl Heastie, Assembly Minority leader Brian Kolb, Chair of the Assembly’s Standing Committee on Environmental Conservation Steve Englebright, Village of Trumansburg Mayor Martin Petrovic, and Tompkins County Legislature Chair Michael Lane. 9.3 Local Landmark Designation of the Larkin Building at 403 College Avenue - Resolution WHEREAS, set forth in Section 228-4 of the City of Ithaca Municipal Code entitled “Landmarks Preservation”, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of identified structures or resources as individual landmarks and historic districts within the city; and WHEREAS, on July 11, 2017, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the Larkin Building at 403 College Avenue as a local landmark; and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review; and WHEREAS, the ILPC found that the proposal meets criteria 1, 2, and 3, defining a “Local Landmark,” under Section 228-3B of the City of Ithaca Municipal Code entitled “Designation of Individual Landmarks or Historic Districts” and on July 11, 2017, voted to recommend the designation of the Larkin Building at 403 College Avenue; and WHEREAS, set forth in Section 228-4 of the City of Ithaca Municipal Code, the Planning and Development Board shall file a report with Common Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved; and WHEREAS, a copy of the Planning and Development Board's report and recommendation for approval of the designation, adopted by resolution at the meeting held on August 22, 2017, has been reviewed by Common Council; and WHEREAS, Section 228-4 of the City of Ithaca Municipal Code entitled “Certificate of Appropriateness for Alteration, Demolition, or New Construction Affecting Individual Landmarks or Districts” states that Common Council shall, within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; now, therefore be it RESOLVED, That Common Council finds that the designation [is/is not] compatible with and [will/will not] conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved; and, be it further RESOLVED, That the Larkin Building at 403 College Avenue, meets criteria for local designation, as set forth in the City of Ithaca Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. it is identified with historically significant person(s) or event(s); or 3. it embodies the distinguishing characteristics of an architectural style; ; and, be it further RESOLVED, That Common Council [approves/disapproves] the designation of the Larkin Building at 403 College Avenue and the adjacent areas that are identified as tax parcel #64.-2-29 as a local landmark. TO: Mayor Svante Myrick and Members of Common Council FROM: Bryan McCracken, Historic Preservation Planner RE: Local Historic Designation of the Larkin Building at 403 College Avenue DATE: September 21, 2017 At their regular monthly meeting on July 11, 2017, the Ithaca Landmarks Preservation Commission (ILPC) held a public hearing to consider the designation of the property located at 403 College Ave. as an individual local landmark. At the conclusion of that public hearing the ILPC voted to recommend that Common Council proceed with the designation of this historic resource. Included in this packet are copies of the resolution adopted by the ILPC and the nomination form documenting the historic and architectural significance of the Larkin Building. Based on the information provided in the nomination, the ILPC found that the Larkin Building at 403 College Ave. is eligible for local designation based on criteria 1, 2, and 3 enumerated in Section 228-3 of the Municipal Code. Per criterion 1, the Larkin Building “possesses special historical and aesthetic interest as a part of the development, heritage and cultural characteristics of the City of Ithaca” through its close association with the development and growth of Cornell University, as an example of the early-twentieth century response to the changing housing needs and preferences of those seeking housing in close proximity to Cornell University, and for its role in the development of Collegetown as an urban neighborhood separate from downtown Ithaca and with its own distinct character. Per criterion 2, the Larkin Building “is identified with historically significant person(s) or event(s)” through its association with the Larkin family, the owners and proprietors of many successful grocery and variety stores in Collegetown during the first half of the twentieth century. Per criterion 3, the Larkin Building “embodies the distinguishing characteristics of an architectural style” as a good local example of the commercial form of the Renaissance-Revival Style. As set forth in the Municipal Code, the Planning and Development Board has been requested to file a report to Common Council with respect to the relation of the proposed designation to the Comprehensive Plan, the zoning laws, projected public improvements, and any plans for the renewal of the site or area involved. A copy of that report is also attached. No reply was received from the Conservation Advisory Council in response to our request (as required by CEQR §176- 3-J) for their comment on this proposal. The Common Council is now requested to act to designate, veto, or refer the designation back to the ILPC for modification. A draft resolution is included in this packet for the Council’s consideration. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT 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 ILPC Meeting – 07/11/17 Resolution - RC RE: Local Landmark Designation of the Larkin Building, 403 College Avenue RESOLUTION: WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) may recommend to Common Council the designation of landmarks and districts of historic and cultural significance, and WHEREAS, a public hearing held on Tuesday, July 11, 2017, for the purpose of considering a proposal to designate the Larkin Building at 403 College Ave as a City of Ithaca landmark has been concluded, and WHEREAS, the ILPC has reviewed the New York State Building & Structure Inventory Form dated August 1, 2012, including the Narrative Description of Property and the Narrative Description of Significance prepared by the Secretary of the Commission, L. Truame, based on materials submitted to the ILPC in 2012 by Sara Johnson and Kristen Olsen of Historic Ithaca, Inc., with Mary Raddant Tomlan, City Historian,, and WHEREAS, the proposal is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, consideration of the Larkin Building as a historic resource was introduced in a report prepared by Mary Tomlan and John Schroeder on June 14, 2009 entitled Collegetown Historic Resources Worthy of Detailed Research: Icons of Collegetown, Individual Buildings, Architectural Ensembles and Landscape Features, and WHEREAS, the Collegetown Urban Plan & Conceptual Design Guidelines, endorsed by Common Council in August, 2009, recommends that “historically significant resources within the entire Collegetown Planning Area which merit designation as local landmarks, but which currently have no such protection, should be identified by the Ithaca Landmarks Preservation Commission and designated by Common Council, and WHEREAS, based on the information provided in the Collegetown Historic Resources Worthy of Detailed Research: Icons of Collegetown, Individual Buildings, Architectural Ensembles and Landscape Features document and the recommendation from the Collegetown Urban Plan & Conceptual Design Guidelines, the ILPC conducted an intensive- level survey of twelve properties within the Collegetown Planning Area that appeared to meet the eligibility requirements for local designation as set forth in Section 228-3B of the Municipal Code in 2012 , and WHEREAS, the New York State Historic Resource Inventory Form, which is being used as the basis for considering the designation of 403 College Ave, was prepared as part of the aforementioned intensive-level survey, and WHEREAS, Section 228-3 of the Municipal Code defines the criteria for designation of an individual landmark as follows: Ithaca Landmarks Preservation Commission Meeting Held Tuesday, July 11, 2017 Larkin Building 2 1. Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. Is identified with historically significant person(s) or event(s); or 3. Embodies the distinguishing characteristics of an architectural style; or 4. Is the work of a designer whose work has significantly influenced an age; or 5. Represents an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristics. RESOLVED, that the Commission adopts as its own, the documentation and information more fully set forth in the expanded New York State Building Structure Inventory Form dated August 1, 2012, and be it further RESOLVED, that the Commission has made the following findings of fact concerning the proposed designation. As described in the Narrative Description of Significance portion of the New York State Historic Resource Inventory Form prepared by L. Truame and dated August 1, 2012, the Larkin Building and the adjacent areas that are identified as tax parcel #64.-2-29, is a structure deemed worth of preservation, by reason of its value to the city as enumerated below: Per criterion 1, the Larkin Building possesses special historical and aesthetic interest as a part of the development, heritage and cultural characteristics of the City of Ithaca through its close association with the development and growth of Cornell University, as an example of the early-twentieth century response to the changing housing needs and preferences of those seeking housing in close proximity to Cornell University, and for its role in the development of Collegetown as an urban neighborhood separate from downtown Ithaca and with its own distinct character. As described in the Narrative Description of Significance, Cornell University offered few lodging opportunities for its students, faculty and staff when it open in 1868. As a result, boarding and rooming houses as well as many student-oriented service industries were established in close proximity to the university starting in the 1870s and 1880s. By the first two decades of the 20th century, preference in the rental housing market in Ithaca, particularly among the faculty and staff living in the area that would become known as Collegetown, had shifted away from single-room rentals like those found in the boarding and rooming houses to flat-style apartments—an urban-housing mode that contained kitchen, bathroom and living areas in one private unit. Built in 1913, the Larkin was of the first mixed-use mercantile-residential Ithaca Landmarks Preservation Commission Meeting Held Tuesday, July 11, 2017 Larkin Building 3 buildings to be constructed near the University to meet this demand. Its ground-floor commercial spaces housed businesses that catered to the ever growing student population, including the Larking Bros. grocery store, while the upper-story flats provided independent housing opportunities for professionals living in Collegetown. The Narrative Description of Significance further notes that the construction of the Larkin Building at 403 College Ave contributed to the transformation of the area that would become Collegetown from an extension of the downtown to a vibrant neighborhood with a distinct identity. Along with the Chacona Block and Sheldon Court, the Larkin Building was one of the first mixed-use commercial-style buildings constructed on College Avenue. Its completion marked the beginning of the gradual urbanization of the 400 block of that street, a process that allowed the street to become the commercial and housing center of a neighborhood centered almost exclusively on the needs of the university population. Per criterion 2, the Larkin Building is identified with historically significant person(s) or event(s) through its association with the Larkin family. As noted in the Narrative Description of Significance, the Larkin family owned multiple grocery and variety stores in the Collegetown from 1889 to 1940. Edward Larkin, an Irish immigrant and laborer, established the family’s first grocery store on Eddy Street in 1890 or 1901. After the completion of their namesake building in 1913, Walter F. and John J. Larkin opened the second grocery business on College Ave, indicating the growing need for grocery suppliers in the neighborhood to service the boarding houses and fraternities as well as the residents living in self-contained apartment units. Per criterion 3, the Larkin Building embodies the distinguishing characteristics of an architectural style. The Larkin Building is a good local example of the commercial form of the Renaissance-Revival Style. Although the first floor has been significantly altered, the upper stories of the Larkin Building still possess important characteristics indicative of this architectural style, including the segmental- arch-capped three-story pilasters with simple limestone bases and Ionic capitals, the barrel- and segmental-arched window openings in the fourth and fifth stories, and the alternating single and double, full-story brackets of the fifth story, forming the building’s cornice. RESOLVED, that the Ithaca Landmarks Preservation Commission, determines that based on the findings set forth above, the Larkin Building meets criterion 1, 2, and 3 defining a Ithaca Landmarks Preservation Commission Meeting Held Tuesday, July 11, 2017 Larkin Building 4 Local Landmark as set forth in Section 228-3 of the Municipal Code, Landmarks Preservation, and be it further RESOLVED, that the Commission hereby recommend the designation the Larkin Building at 403 College Avenue as a City of Ithaca landmark. RECORD OF VOTE: Moved by: D. Kramer Seconded by: M.M. McDonald In favor: M.M. McDonald, D. Kramer, E. Finegan, K. Olson Against: S. Gibian Abstain: 0 Absent: S. Stein, J. Minner Vacancies: 0 OFFICE USE ONLY USN:HISTORIC RESOURCE INVENTORY FORM IDENTIFICATION Property name(if any) Address or Street Location County Town/City Village/Hamlet: Owner Address Original use Current use Architect/Builder,if known Date of construction,if known DESCRIPTION Materials please check those materials that are visible Exterior Walls:wood clapboard wood shingle vertical boards plywood stone brick poured concrete concrete block vinyl siding aluminum siding cementasbestos other: Roof:asphalt,shingle asphalt,roll wood shingle metal slate Foundation:stone brick poured concrete concrete block Other materials and their location: Alterations,if known:Date: Condition:excellent good fair deteriorated Explain: ATTACHMENTS Photos Provide several clear,original photographs of the property proposed for nomination.Submitted views should represent the property as a whole.For buildings or structures,this includes exterior and interior views,general setting,outbuildings and landscape features. Please staple one photograph providing a complete view of the structure or property to the front of this sheet. Additional views should be submitted in a separate envelope or stapled to a continuation sheet. Maps Attach a printed or drawn map indicating the location of the property in relation to streets,intersections or other widely recognized features so that the property can be accurately positions.Show a north arrow.Include a scale or estimate distances where possible. Prepared by:Address Telephone:Email Date (Continuedon reverse) Field Services Bureau • Division for Historic Preservation • New York State Office of Parks, Recreation and Historic Preservation Peebles Island, P. O. Box 189, Waterford, NY 12188 • www.nysparks.com/shpo • 518-237-8643 Larkin Building 403 College Ave. Tompkins Ithaca 403 Huestis Street LLC 400 College Ave., #100, Ithaca, NY 14850 mixed-use mixed-use x x see continuation sheet x stucco x 1913 L. Truame 108 E. Green St., Ithaca, NY 14850 (607) 274-6555 ltruame@cityofithaca.org 8/1/12 Narrative Description of Property: Larkin Building, 403 College Avenue, Ithaca The Larkin Building is a five-story, commercial-style, brick-clad building constructed in 1912- 13 in the Renaissance Revival style. Above the ground floor storefronts, the building’s principal façade is clad in gray-white brick. Decorative elements include stone Ionic capitals on brick pilasters, corbelled brick arches, simple stone window sills and lintels, and a series of barrel arch windows on the fifth story. Large decorative brackets extend almost the full height of the fifth story. The building is located on the northernmost block of College Avenue near the south entrance to Cornell University. It is among the earlier commercial-style buildings constructed on College Avenue to provide both rental apartments and commercial space. ------------------------------- The Larkin Building, also known as the Larkin Block, is located at 403 College Avenue, on the east side of College Avenue near the intersection with Dryden Road. This five-story representative of the commercial, Renaissance-Revival Style is a mixed-use building with commercial space in the two ground floor storefronts and apartments in the upper stories. The Larkin Building and the Chacona Block, located in the same commercial row, were constructed in the early twentieth century and set the tone for the late-twentieth century buildings that complete the block today. Neighboring wood-frame buildings were replaced by these newer commercial buildings, appropriately-scaled and complimentary to the historic Chacona and Larkin buildings as well as their neighbor across the street, Sheldon Court. Directly across College Avenue to the west are late-twentieth century mixed-use commercial buildings. Sheldon Court and Cornell’s Schwartz Center for the Performing Arts are located at the north end of the west side of College Avenue. Late-twentieth century commercial buildings are on the southeast corner of College Avenue and Dryden Road and directly behind the building on the east side of Dryden Road. Further south, the 100 and 200 blocks of College Avenue are former single-family homes converted to student apartments, except for the Grand View House at 209 College Avenue, the last surviving of Collegetown’s great boardinghouses. The Larkin Building is constructed of hollow clay tile and brick with a concrete foundation. The building’s principal, west, façade consists of six bays. The first-story is clad in red brick that is consistent with the contiguous buildings, but not original to the building. The two recessed center bays contain doors leading to the upper-story apartments and the restaurant occupying the south storefront. The two bays on each side of the center bay contain full-height aluminum- framed windows. The first-story windows and doors are all non-historic; the date of these alterations in not known but appears to be after the Triangle Book Shop moved from the building in 1990. During its occupation by the Triangle Book Shop, the entrance to the store was through the northernmost bay, but it is not known where the primary storefront entrance was at the time of construction in 1913. The current storefront signage consists of a first-story awning extending almost the full width of the building, shared by a coffee shop, restaurant, and basement lounge, all under the same ownership. Earlier businesses mounted signs on the second story that projected over the sidewalk. The Triangle Book Shop sign was mounted between the first and second northernmost windows, above the entrance. The previous occupant, Egan’s IGA, mounted its sign between the two center windows.1 The six-bay upper stories are clad in light gray-white brick. Pilasters separate the second and third bays and the fourth and fifth bays. The simple gray sandstone bases of the pilasters rest on the top of the first story and the pilaster’s sandstone Ionic capitals line up with the soldier brick lintels above the fourth story window. Corbelled segmental arches formed by rows of soldier bricks span the spaces between pilasters and also between the pilasters and the slightly projecting exterior corners of the building. The second, third, and fourth story window openings contain 1/1 non-historic windows with gray sandstone sills. The second and third story windows have simple sandstone lintels. The sills and lintels create the appearance of stringcourses across the façade. Though the windows are 1 New York State Building-Structure Inventory Form photograph for 403 College Avenue, 1975; Tompkins County Department of Assessment, Tompkins County Tax Assessment photograph, 1954, Historic Ithaca, Inc., Ithaca, NY; Map of 403 College Ave., Ithaca, NY, April 9, 1955, included in deed book 377, page 212, Office of the Tompkins County Clerk, Ithaca, NY. replacements, a ca. 1954 photograph shows what appear to be similar 1/1 sash, possibly the building’s original windows. A narrow band of sandstone caps the fourth story and a row of six cornice-line, barrel arch window openings defines the slightly recessed fifth story. The windows are framed in the same gray-white brick as the rest of the façade, with soldier bricks creating the barrel arches. The existing non-historic window sash replaced original fanlight-topped windows. Alternating paired and single brackets extending the full height of the fifth story and separate each bay. The paired brackets are located on the projecting exterior edges and above the pilasters, continuing the vertical emphasis created by those elements.2 The building’s south and east façades are generally not visible from the street due to the position of neighboring commercial buildings. The stucco-clad north façade of the Larkin Building is exposed in an alley between the Larkin Building and the building to the north. The entrance to the alley is framed by a band of red brick topped with gray stone extending from the top of the neighboring building’s first story to the top of the Larkin Building’s red brick first story and the simple sandstone base of the second story. Narrative Description of Significance: Larkin Building, 403 College Avenue, Ithaca The Larkin Building is significant for its close association with the growth and development of Cornell University, as an example of the early-twentieth century response to the changing housing needs and preferences of those seeking to reside in proximity to the campus, and for its role in the development of Collegetown as an urban neighborhood separate from downtown Ithaca and with its own distinct character. Built in 1912-13 as a mixed-use, fire- resistant, commercial-style building replacing an earlier wood boardinghouse, the construction of the Larkin Building on the block of College Avenue adjacent to the entrance to Cornell University was part of a larger movement toward establishing College Avenue as the center of Collegetown. It has architectural significance as an example of the early-twentieth century commercial Renaissance Revival Style. The Larkin Building has additional local significance for its association with John J. and Walter F. Larkin, whose family owned multiple grocery and variety stores in Collegetown from 1889 to 1940, and for its association with the Triangle Book Shop, a bookstore located on College Avenue from 1903 to the late 1990s, and in the Larkin Building from 1965 to 1990. 2 Tompkins County Department of Assessment, Tompkins County Tax Assessment photograph, 1954, Historic Ithaca, Inc., Ithaca, NY --------------------- The area now called Collegetown was settled relatively early due to the abundant waterpower provided by Cascadilla Creek. In 1827 Otis Eddy, for whom Eddy Street is named, established his cotton mill on the current site of Cascadilla Hall. Eddy had already constructed a dam in Cascadilla Gorge to direct water to his millpond. Called Willow Pond, it endured until the 1890s, crossed by Huestis Street immediately north of the Larkin Building. Along with the rest of Collegetown and much of the present-day city of Ithaca, the Larkin Building property was part of the extensive holdings amassed by Simeon DeWitt following the allotment of lands within the Military Tract. Much of the land on East Hill was farmed or grazed during the early 19th century, and in 1857 the DeWitt farm north of Cascadilla Creek was purchased by Ezra Cornell, who would go on to donate 200 acres for the campus of his namesake university. To the south of the creek, much of present-day Collegetown was part of the 21-acre John and Samuel Giles estate. Possibly anticipating commercial and residential development after the opening of Cornell University in 1868, the Giles heirs divided the estate into urban-size parcels and sold them in the 1870s. The Larkin building is on lot #2 of the Giles estate.3 The shortage of student housing that continues to affect Cornell today began as soon as the University opened in 1868, when the only lodging offered by the school was in Morrill Hall, the first campus building, or in Cascadilla Hall, a repurposed building designed (though never used) as a water-cure sanitarium located at the north end of Eddy Street on the south side of the Cascadilla Creek gorge. Students and professors who did not lodge on campus rented rooms in homes downtown and endured multiple daily treks up East Hill before omnibus service to Cascadilla Hall began in 1876. When Walter F. and John. J. Larkin purchased 403 College Avenue from Sylvester Eckler on July 27, 19114, the property included a two-and-a-half story wood frame house previously operated by Eckler as a rooming house. The fourteen-room house, which evidence suggests was constructed between 1898 and 1904, was advertised by Eckler for rent, partially furnished, in June 1911.5 Rather than demolish this building, the Larkins chose to move the existing house to a lot on Linden Avenue, possibly 230 or 232 Linden Avenue. On October 3, 1912, the Ithaca Daily Journal reported that the city approved the move of the house with the following conditions: the Larkins were to move the house in three days, the work would be supervised by 3 Map of a Part of the Giles Estate, January 1876. Office of the Tompkins County Clerk, Ithaca, NY. 4 Deed of July 27, 1911 conveying 403 College Avenue to Walter F. and John J. Larkin from Sylvester Eckler, book 177, page 98, Office of the Tompkins County Clerk, Ithaca, NY. 5 Sanborn fire insurance maps of Ithaca, 1898 and 1904; Ithaca Daily News June 5, 1911. the building commissioner, the Larkins were responsible for any damage to other properties, and they were required to remove and replace overhead wires along the moving route.6 Prior to opening their College Avenue business, the Larkin family operated grocery stores on Eddy Street. Edward Larkin, an Irish immigrant and laborer, established the first of these businesses in 1890 or 1891.7 A 1907 fire damaged several Eddy Street buildings, including the locations of the John A. Chacona Candy Company store, the Student Agencies laundry, and a men’s clothing shop. It is not known whether this fire damaged the Larkin’s Eddy Street business, but both the Larkins and the Chacona family built new commercial buildings along College Avenue between 1911 and 1913. The modern rooming houses and mixed-use apartment buildings constructed in the early 1900s – Sheldon Court, the Chacona Block, the Larkin Building and others – were constructed of fire-resistant materials, heated with steam, and illuminated with electric lights to reduce the danger of fire.8 In November 1912, it was reported that the Larkins were planning to build a four-story building on the College Avenue site, to be constructed of brick and hollow terra cotta block, and projected to cost $40,000. The ground floor would be divided into two store spaces and the three upper floors would be designed for apartments. At the time of the report, no architect was named for the building, and the Larkins had not hired a contractor, but by January 1913, excavations had begun on the site.9 The Larkin Building was one of many construction projects in Ithaca in 1912-1913, and in September 1912, the Ithaca Daily Journal reported a local labor shortage. The Driscoll Bros. contracting firm had four large construction projects underway in at the time – Ithaca High School, the City Hospital, Cornell’s Prudence Risley Hall, and the Realty Company Building. Cornell’s Cascadilla Hall was also being rehabilitated for use as an official men’s dormitory; it had previously been university-owned housing with boarding facilities operated by private contractors.10 The Larkin Block was completed by September 1913, when Larkin Bros. advertised in the Cornell Daily Sun: “Larkin Bros. have moved to their new store in the Larkin Bldg. Catering to fraternities, boarding houses and students in general is our specialty.” Another September 6 Ithaca Daily Journal, October 3,1912; Ithaca Daily News November 14, 1912. Conflicting newspaper reports state both 230 and 232 as the possible new address of the moved building. 7 Norton’s Ithaca City Directory for 1890-91 (Ithaca, NY: E.D. Norton), 156. 8 Carol U. Sisler, Margaret Hobbie, and Jane Marsh Dieckmann, eds., Ithaca’s Neighborhoods (Ithaca, NY: DeWitt Historical Society of Tompkins County, 1988), 169. 9 Ithaca Daily News November 14, 1912; Ithaca Daily Journal, January 3, 1913. 10 Ithaca Daily Journal,September 9, 1912. Cornell Daily Sun advertisement offered the new apartments at “reasonable” rents, and directed potential tenants to inquire at the Larkin store. 11 An Ithaca Daily News advertisement described the apartments as “strictly modern with private halls.” There was at least one apartment still unoccupied in December 1913, when the Larkins ran another Ithaca Daily News ad offering a “Modern Apartment” in the “New Larkin Block”. This directed inquiries to either J.J. Larkin at 403 College Avenue or W.F. Larkin at 410 Stewart Avenue.12 The Larkin Building apartments were representative of flat-style apartment units, an urban housing mode that contained kitchen, bathroom, and living areas in one private unit. This type of apartment became popular in Ithaca during the first two decades of the twentieth century, particularly in Collegetown. The apartments above the retail spaces were rented to a variety of tenants, many associated with Cornell University. Both students and professors lived in the Larkin apartments, as well as employees of Collegetown businesses and their families. John V. Larkin, one of John J. Larkin’s sons, and his wife occupied one of the apartments in 1929-1930. The Ithaca city directory listings indicate six separate apartment units in the building, although it is not known how the apartments were laid out on each floor or the size of each space.13 While the nineteenth century saw student-oriented businesses both downtown and at the edge of campus with a concentration along Eddy Street, in the early twentieth century, the construction of large, commercial-style mixed-use buildings firmly established the 400 block of College Avenue as the heart of Collegetown. When the Larkin brothers opened their College Avenue store, there was only one other grocery business on College Avenue. As they noted in their September 1913 advertisement, the Larkin store aimed to serve the boarding houses and fraternities, which would have required large grocery orders, but there were also a growing number of Collegetown residents living in apartments with self-contained kitchens; by 1919, only one boarding house remained on the 400 block of College Avenue.14 As the number of new Collegetown apartment units grew, more grocery stores and services opened on College Avenue to meet the needs of apartment dwellers. In 1929, the Ithaca city directory listed six grocery stores on College Avenue, including Larkin Bros.15 11 Cornell Daily Sun September 26, 1913. 12 Ithaca Daily News,September 27, 1913;Ithaca Daily News, December 19, 1913. 13 Ithaca city directories, 1913-1965; Manning’s Ithaca (New York) Directory for the Year Beginning January, 1930 (Schenectady, NY: H.A.Manning Co., 1930), 218. 14 Sanborn fire insurance map for Ithaca, September 1919, sheet 32. 15 Norton & Goohue’s Ithaca City Directory for 1911-12 (Ithaca, NY: Norton printing Company, 1911), 410-411; Manning’s Ithaca (New York) Directory For the Year Beginning January, 1929 (Schenectady, NY: H.A. Manning Co.), 554. According to Ithaca city directories, John J. Larkin was the manager and proprietor of the Larkin Brothers College Avenue store, and though Walter Larkin co-owned the property, he maintained a wholesale grocery business on Stewart Avenue. Available records do not indicate that brother Thomas J. Larkin was involved with the College Avenue grocery, but his obituary stated that he was in business with his brothers until the partnership dissolved in 1916. Thomas J. Larkin continued to operate an Eddy Street store until his retirement in 1940.16 The Larkin Bros. grocery store shared the first story of 403 College Avenue with the Student Supply Store from 1915 through 1937. It is likely that the Student Supply Store occupied the north storefront because advertisements list the store’s address as 405 College Avenue, while Ithaca city directories list the business at 403 College Avenue, the Larkin Building’s official street address. Like Larkin Brothers, the Student Supply Store was located on Eddy Street prior to its move to College Avenue, and may have maintained the Eddy Street branch for two years after the opening of the College Avenue store. The Student Supply Store was a stationery and variety store, selling books, stationery, pens, account books, alarm clocks, Kodak products, banners and general school supplies. A 1924 advertisement claimed that it was “The Busiest Store in Collegetown.” The Student Supply Store closed in 1937 or 1938, and its proprietor, John B. Burling, is listed in the 1937 Ithaca city directory as the owner of Imperial Stationery, a store located at 403 College Avenue for approximately one year.17 After John J. Larkin’s death in 1938, Francis W. Egan purchased Larkin Bros. grocery store. At the time of the sale, Egan also owned a grocery store at 113 South Cayuga Street. The Larkin family retained ownership of the Larkin Building until May 6, 1955, when they sold the property to Francis and Rita Egan. The Egan family may have continued to operate the Cayuga Street store in 1938 and 1939, but closed it by 1940. The family also chose to live in Collegetown after purchasing the Larkin business, moving to nearby 212 Delaware Avenue in 1940 or 1941.18 Francis and Rita Egan operated their grocery business at 403 College Avenue from 1938 to 1965, apparently utilizing the entire first story. During these years, the Ithaca city directories and advertisements listed the store under various names: Egan’s Food Shop, Egan’s Food Store, Egan’s Super Market, and Egan’s I.G.A. A 1954 photograph of the building shows only the top of 16 Obituary of Thomas J. Larkin, Ithaca Journal, January 3, 1944. 17 Manning’s Ithaca (New York) Directory For the Year Beginning January, 1937 (Schenectady, NY: H.A. Manning Co.); Cornell Daily Sun September 24, 1924. 18 Obituary of John J. Larkin, Ithaca Journal, March 8, 1938, p. 3. Notice of Egan’s purchase of Larkin store is in Cornell Alumni News, June 2, 1938. Deed of May 6, 1955 conveying 403 College Avenue from Larkin family to Francis Egan, Deed Book 377, Page 212. Office of the Tompkins County Clerk. Ithaca City Directories, 1937-1941. the store’s sign projecting from the second story; the visible portion of the sign is the word “SUPER”.19 Collegetown continued to develop as a distinct neighborhood, and a September 1956 Ithaca Journal advertisement sponsored by the East Hill Merchants Association called the College Avenue, Dryden Road and Eddy Street commercial area the “East Hill Shopping Center”. This may have been in response to the competition posed by the Ithaca Shopping Plaza, which opened on Elmira Road a few years earlier and advertised plenty of free parking. The Merchants Association’s map represented over fifty varied businesses, offering goods, services, and recreational opportunities to neighborhood residents. Egan’s I.G.A. was featured, with an advertisement listing groceries, meats, fruits, vegetables, frozen foods, beer and soft drinks among their merchandise.20 Egan’s grocery moved to 301 College Avenue in October 1964, and the Triangle Book Shop moved into the Larkin Building’s first floor space the following summer. Francis and Rita Egan retained ownership of the Larkin Building until May 1, 1972, when they sold the property to Robert G. and Mabel F. Johnson. Robert G. Johnson was the owner of Collegetown’s Triangle Book Shop.21 The Triangle Book Shop had a Collegetown presence for over ninety years. It was established in 1903 in a first-story retail space in Sheldon Court, where it remained until 1965, when Cornell University, then the owner of Sheldon Court, declined to renew the store’s lease. The developers of Sheldon Court, who initially operated the store, sold the buisness in 1906 to the owners of downtown Ithaca’s Corner Book Store. The store expanded in 1939, opening an annex across College Avenue in the former College Book Shop space. 22 Triangle’s move to the Larkin Building in 1965 was the result of Cornell University’s decision to expand the merchandise and non-academic departments of its campus store into Sheldon Court due to lack of space in its Barnes Hall location. The university planned to double the amount of textbook space in Barnes Hall and the Sheldon Court move was viewed as a temporary solution to the space shortage. While the Cornell store gained space, Triangle’s new Larkin Building space was about 500 square feet smaller than its Sheldon Court store, but the manager and owner, Robert Johnson, planned to develop some of the building’s basement area 19 Ithaca city directories, 1938-1965; Tompkins County Department of Assessment, Tompkins County Tax Assessment photograph, 1954, Historic Ithaca, Inc., Ithaca, NY. 20 Ithaca Journal, September 26, 1956. 21 Deed of May 1, 1972 conveying 403 College Avenue to Robert G. and Mabel F. Jonson from Francis W. and Rita F. Egan, book 499, page 880. Office of the Tompkins County Clerk, Ithaca, NY. 22 Cornell Daily Sun, November 12, 1943; September 27, 1938. to gain more space. He estimated that the move and remodeling would cost $30,000 to $40,000. Robert Johnson sold the bookstore to the Nebraska Book Company in 1986.23 The Triangle Book Shop continued to operate in the Larkin Building until 1990 when it moved to 301 College Avenue, the former Egan grocery store, operating at that location until 1999 or 2000.24 When Robert and Mabel Johnson sold the Larkin Building to Po Ching and Liang Chun Po on June 4, 1990, the deed included a restriction against the operation of a retail bookstore in the building as long as the Nebraska Book Company or its successors owned a bookstore in Collegetown, or until January 31, 2010.25 The current ground floor occupants of the Larkin Building, Stella’s Restauant and Coffee Shop, have occupied the building since 1993, and are representative of the type of commercial activity common in Collegetown today, which has a large number of restaurants but no full service grocery store and few retail businesses.26 23 Cornell Daily Sun, September 24, 1964; Sisler, Ithaca’s Neighborhoods, 171. 24 Dickman Directory, Ithaca & Tompkins County,2000, 25. 25 Deed of June 4, 1990 conveying 403 College Avenue to Po Ching and Liang Chun Po from Robert G. and Mabel F. Johnson, book 654, page 493, Office of the Tompkins County Clerk, Ithaca, NY. 26 Dickman Directory, Ithaca & Tompkins County, 1993-2000. Proposed Local Designation, 403 College Ave- The Larkin Building Board of Planning & Development, Meeting Held August 22, 2017 Moved by Schroeder, seconded by Jones Rounds and unanimously approved At the regular monthly meeting on July 11, 2017 the Ithaca Landmarks Preservation Commission by unanimous vote recommended designation of the Larking Building at 403 College Avenue as a local landmark. A map showing the location of the house and a summary of its historic and architectural significance are attached to this report. As set forth in Section 228-3 of the Municipal Code, Landmarks Preservation, “The Planning Board shall file a report with the Council with respect to the relation of such designation to the comprehensive plan, the zoning laws, projected public improvements, and any plans for the renewal of the site or area involved.” The following report has been prepared to address these considerations. 1. Relation to the Comprehensive Plan The 2009 Collegetown Urban Plan and Conceptual Design Guidelines (Collegetown Plan) contains the following recommendations pertaining to historic resources: 5.M. Historically significant resources within the entire Collegetown Planning Area which merit designation as local historic landmarks, but which currently have no such protection, should be identified by the Ithaca Landmarks Preservation Commission and designated by Common Council. Ideally, this process would take place concurrently with consideration and adoption of the proposed form-based Collegetown zoning amendments. 5.N. Collegetown’s cultural, architectural and natural history should be highlighted and interpreted for both residents and visitors through such elements as markers, signs or decorative sidewalk panels, in accordance with a thematically and aesthetically coordinated program. 6.A. As a resource to be used when applying the new design standards, exemplary existing Collegetown buildings, both new and historic, should be identified which can serve as sources of inspiration for designers. Suitable newer buildings might include 401, 407 and 409 College Avenue, and suitable older buildings might include not only those structures selected for historic designation (see item 5.M. above), but other non- designated older structures displaying attractive proportions or physical design elements that could spark ideas suitable for inclusion in projects under design. The Collegetown Plan states the following with respect to the east side of the 400 block of College Avenue, which includes the Larking Block: The exemplary row of buildings currently defining the east side of College Avenue between Oak Avenue and Dryden Road is praised in the Collegetown Vision Statement as being “a striking example of excellence in architectural design within an existing urban context,” and this opinion is broadly shared by the Ithaca community. The aesthetic harmony of this facade row is even more striking because two component structures are roughly a century old while the other three were built more recently. Each of these buildings has a well-designed facade in its own right, but here—unlike other areas of Collegetown—the interplay of old and new creates a unified streetscape whose aesthetic power is much greater than the sum of its (already attractive) parts. Numerous design elements visually relate the individual buildings in this row to each other and to the streetscape as a whole: (1) All five buildings present roughly the same height when viewed from College Avenue; (2) the four northern most buildings are linked by a ground-floor horizontal “base” of consistent height and red-brick color, which is then carried up vertically by the red-brick Ciaschi Building at the Dryden Road corner; (3) the upper-story portion of each of the four northernmost buildings has a harmonious light earthtone color, and is separated from the other three (above the linked ground-floor “base”) by narrow slots which provide a visual rhythm to the series of facades; (4) the newer buildings, while contemporary in expression, display deliberate design references to the older buildings, so that horizontal elements (though varying in detail) are carried across all five buildings at the same height, basic rhythms of facade organization are found on all five buildings, and even decorative features of the older buildings are echoed by design elements of the newer buildings. The east side of the 400 block of College Avenue is a major urban planning success, notable not only within its Collegetown context, but within the context of the City as a whole, and no incentive (such as substantially increasing the maximum permitted building height) should be enacted that would provide an economic incentive to demolish any of the buildings, old or new, that together create this exceptional urban ensemble. After the adoption of the Collegetown Plan, a Collegetown Survey was completed, titled “Collegetown Historic Resources Worthy or Detailed Research; Icons of Collegetown, Individual Buildings, Architectural Ensembles and Landscape Features”, by Mary Tom lan and John Schroeder, dated June 14, 2009. This study identified structures worthy of further research. The Larkin Building and the Chacona Block were identified as key elements of an architectural ensemble on the east side of the 400 block of College Avenue. Local designation is consistent with the Collegetown Plan and the 2009 Collegetown historic resources survey. 2. Relation to Zoning Laws The property is located in the Mixed Use-2 (M-U2) zoning district the purpose and intent of which are as follows: The Mixed Use districts accommodate retail, office, service, hotel, and residential uses, and in most cases, multiple uses will be combined within the same building. The purpose is to create a dynamic urban environment in which uses reinforce each other and promote an attractive, walkable neighborhood. Located in central Collegetown, the Mixed Use districts allow the highest density within the Collegetown Area Form Districts. Redevelopment is anticipated and encouraged (with the exception of designated local landmarks), and the intent is to concentrate the majority of additional development within these districts. Local designation will not affect building uses permitted under the Zoning Ordinance. Building height in the district is limited to a maximum of 6 stories and 80’ and a minimum of 4 stories and 45’. The existing building is five stories. Local designation may restrict the future addition of a sixth story. Any proposed exterior alterations or additions would be subject to the area requirements in the MU-2 Zoning district and would require ILPC review to assess the visual and historic compatibility. 3. Relation to Projected Public Improvements Streetscape improvements are planned for the length of College Avenue, including the 400 block within which this property is located. Improvements, which are currently in the planning process, will likely take place in 2020 and include realignment of the curb line and improvements to pedestrian and bike amenities. Historic designation would not affect this proposed work 4. Relation to Plans for Renewal of the Site or the Area There are no plans in the City’s Community Development Block Grant program or by the Ithaca Urban Renewal Agency for renewal of this site or the nearby area. Local landmark designation requires that any private proposal for material change of the exterior of the building or site undergo review and approval by the Ithaca Landmarks Preservation Commission before work commences. Proposed Resolution Common Council October 4, 2017 RE: LOCAL LANDMARK DESIGNATION OF THE LARKIN BUILDING AT 403 COLLEGE AVENUE. WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of identified structures or resources as individual landmarks and historic districts within the city, and WHEREAS, on July 11, 2017, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the Larkin Building at 403 College Avenue as a local landmark, and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, the ILPC found that the proposal meets criteria 1, 2, and 3, defining a “Local Landmark,” under Section 228-3B of the Municipal Code and on July 11, 2017, voted to recommend the designation of the Larkin Building at 403 College Avenue, and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board shall file a report with the Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved, and WHEREAS, a copy of the Planning Board's report and recommendation for approval of the designation, adopted by resolution at the meeting held on August 22, 2017, has been reviewed by the Common Council, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; now, therefore, be it RESOLVED, that the Common Council finds that the designation [is/is not] compatible with and [will/will not] conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, that the Larkin Building at 403 College Avenue, meets criteria for local designation, as set forth in the Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. it is identified with historically significant person(s) or event(s); or 3. it embodies the distinguishing characteristics of an architectural style; or Proposed Resolution Common Council October 4, 2017 RESOLVED, that the Ithaca Common Council [approves/disapproves] the designation of the Larkin Building at 403 College Avenue and the adjacent areas that are identified as tax parcel #64.-2-29 as a local landmark. RECORD OF VOTE: Moved by: 0 Seconded: 0 In favor: 0 Against: 0 Abstain: 0 Absent: 0 Vacancies: 0 212 Center St. Ithaca, NY HistoricIthaca.org (607) 273-6633 September 19, 2017 Mayor Svante Myrick and Common Council members City of Ithaca 108 East Green Street Ithaca, NY 14850 RE: Individual Landmark Designations for the Chacona Block (411-415 College Avenue) and the Larkin Building (403 College Avenue) Dear Mayor Myrick and Common Council members: The built environment matters to us all. It is in this spirit that Historic Ithaca wholeheartedly supports the individual landmark designations of both the Chacona Block (411-415 College Avenue) and the Larkin Building (403 College Avenue) in Collegetown. Both of these buildings stand as excellent examples of commercial buildings erected near the entrance to Cornell University in the early twentieth century as Collegetown developed into its own urban neighborhood with services directed to the Cornell University student population. The buildings meet the criteria for historic significance required for designations as set forth in Ithaca’s Municipal Code. Failure to designate these buildings would be inconsistent with the ILPC’s conclusions because:  Detailed and carefully researched reports by Historic Ithaca and letters in support of these designations were made to the ILPC at their July 2017 and August 2017 meetings. We encourage the Mayor and Common Council members to review the documents to understand the evidence for these designations.  Members of the ILPC have extensive backgrounds in architecture, history and/or planning and the city relies on their expertise and knowledge of both Ithaca’s Municipal Code and the Secretary of the Interior’s Standards to assess the merits of individual landmark designations. The 2009 Collegetown Urban Plan and Conceptual Guidelines document (endorsed by Common Council on August 5, 2009) makes clear in Part One, page 52 that historic resources within Collegetown should be identified and designated. It states: Historically significant resources within the entire Collegetown Planning Area which merit designation as local historic landmarks, but which currently have no such protection, should be identified by the Ithaca Landmarks Preservation Commission and designated by Common Council. Ideally, this process would take place concurrently with consideration and adoption of the proposed form-based Collegetown zoning amendments. On page 32, the text is even more direct about the virtues of this particular streetscape and the document includes a large photograph of this block. Please note the precise wording and directive: 212 Center St. Ithaca, NY HistoricIthaca.org (607) 273-6633 The east side of the 400 block of College Avenue is a major urban planning success, notable not only within its Collegetown context, but within the context of the City as a whole, and no incentive (such as substantially increasing the maximum permitted building height) should be enacted that would provide an economic incentive to demolish any of the buildings, old or new, that together create this exceptional urban ensemble. In Part One, page 31, the 400 block on the east side of College Avenue is called an “exemplary row” and the text states: “The aesthetic harmony of this façade row is even more striking because two component structures are roughly a century old while the other three were built more recently. Each of these buildings has a well-designed façade in its own right but here – unlike other areas of Collegetown – the interplay of old and new creates a unified streetscape whose aesthetic power is much greater than the sum of its (already attractive) parts.” Shortly after this document was prepared, a number of properties including the Larkin Building and Chacona Block were identified by Mary Raddant Tomlan and John Schroeder in a survey of Collegetown historic resources in June 2009. Affirming the designations of the ILPC is consistent with statements outlined in the 2015 Plan Ithaca document. On page 17, this document notes that “Ithaca is fortunate to have a rich heritage of historic buildings, an active arts community, and a diverse and significant cultural history. Stewardship must remain a priority in order to preserve our valuable cultural and historic resources.” The preservation and enhancement of neighborhood character is articulated as one of the land use goals on page 33, and in the section discussing Collegetown on page 43, a photograph of the 400 block of College Avenue is included. Historic Preservation is also listed in section 5.2 as an important component of livability with its own list of goals and recommendations. The most recent August, 2017, draft of the City of Ithaca’s Collegetown Design Guidelines recognizes the significance of the 400 block of College Avenue and includes a photograph of it on the cover page. This block is part of the Collegetown Core Character Area and serves as the key gateway to Cornell University. A photograph of it appears again on page 60 and it is singled out with the statement: “The 400 Block of College Avenue is a Collegetown design exemplar.” What better way to recognize these two buildings and their contributions to their Collegetown neighborhood, the history of Cornell University, and the ongoing role they play in maintaining a vital streetscape than to individually designate them? Dramatic changes have occurred in Collegetown over the last 20 years with the construction of multiple new apartment and mixed use buildings. The City of Ithaca would be wise to recognize and approve the ILPC’s designation of the last remaining vestiges of a rich built heritage on a block that happily mixes the new with the old. Sincerely, Sara Johnson Interim Executive Director 10. CITY ADMINISTRATION COMMITTEE: 10.1 Common Council – A Local Law to Override The Tax Levy Limit Established in General Municipal Law Local Law No. 2017 - ______ BE IT ENACTED by Common Council of the City of Ithaca as follows: Section 1. Legislative Intent It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year commencing January 1, 2018, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal law §3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2018, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this local law or application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. 13. MAYOR’S APPOINTMENTS: 13.1 Appointment to Workforce Diversity Advisory Committee – Resolution RESOLVED, That LaWanda Cook be appointed to the Workforce Diversity Advisory Committee to fill a vacancy with a term to expire December 31, 2019.