Loading...
HomeMy WebLinkAboutMN-CC-2017-12-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. December 6, 2017 PRESENT: Mayor Myrick Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Community Development Director – Bohn Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. Dedication of City Hall Historical Marker Immediately preceding the meeting, members of the Tompkins County Bicentennial Committee marked the City of Ithaca's place in Tompkins County's history with a dedication of a new historical marker in front of City Hall. Michael Lane, Chair of the Tompkins County Legislature donated the sign to the City and Mayor Svante Myrick accepted it on behalf of all City residents. Brief remarks were made by City Historian Mary Raddant Tomlan, and Tompkins County Historian Carol Kammen. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Consent Agenda Alderperson Brock requested the deletion of Item 8.7 Youth Bureau – Renewal of Recreation Partnership Contract from the Consent Agenda. It will be discussed as part of the City Administration Committee agenda. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of Pride of Ownership Awards – Rotary Club Members of the Rotary Club presented the 20th Annual City of Ithaca Pride of Ownership Awards for the following projects:  Ithaca Marriott Downtown on the Commons – Jeffrey Rimland and Partners, Urgo Hotels and Resorts  Upson Hall, Cornell University  Elmira Savings Bank – 602 West State/MLK Street  Friends of the Ithaca City Cemetery  Breazzano Family Center for Business Education – 209-215 Dryden Road: Developer/Owner – John Novarr and Philip Proujansky  108 Parker Street – Sara Finegan and Huck Milton These projects recognize owners of properties within the City of Ithaca who have developed projects or taken care of their properties in ways that enhance the physical appearance of city neighborhoods and commercial areas. The program is a joint effort of the Ithaca Rotary Club and the City of Ithaca. December 6, 2017 2 4.2 A Public Hearing for a Proposed Restore New York Grant Application Resolution to Open Public Hearing: By Alderperson Kerslick: Seconded by Alderperson Brock RESOLVED, That the Public Hearing for a Proposed Restore New York Grant Application be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing: By Alderperson Kerslick: Seconded by Alderperson Brock RESOLVED, That the Public Hearing for a Proposed Restore New York Grant Application be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Fay Gougakis, City of Ithaca – Chacona Building historic designation; Marriott Hotel lights; proposed bike rack paintings and bike rack signage. Noah Warnke, Village of Cayuga Heights – Ezra’s Tunnel Nathaniel Young, Sackets Harbor, NY – Ezra’s Tunnel Hannah George, Town of Ithaca – Ezra’s Tunnel Zoya Kaufmann, City of Ithaca – Ezra’s Tunnel Logan Bell, Ithaca – Free the Gorges / Ezra’s Tunnel Joe McMahon, City of Ithaca – Ezra’s Tunnel Joan Lawrence, City of Ithaca – West Hill road changes Steven Williams, City of Ithaca – Hector Street/W. State/MLK St Corridor Steve Winans, Dryden – Ezra’s Tunnel Jan Schwartzberg, City of Ithaca – West State/MLK Corridor Genie Hurme, City of Ithaca – Rt. 79 Bridge Frank Proto, Town of Caroline – Ezra’s Tunnel Laura Lewis, City of Ithaca – Ezra’s Tunnel Sarah Bluher – LEAD Program Erin Griffeth, City of Ithaca – LEAD Program Marshall McCormick – Board of Public Works – West State/MLK St Corridor Shari Korthuis, City of Ithaca – LEAD Program Krysztof Hochlewicz, Ithaca – Ezra’s Tunnel Leo Levy, City of Ithaca – Ezra’s Tunnel Luna Oiwa, Town of Ithaca – Ezra’s Tunnel Taili Mugambee, City of Ithaca – LEAD Program Jacob Freedland, City of Ithaca – Ezra’s Tunnel PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Brock thanked the speakers for sharing their comments, and asked about the status of the LEAD community leadership board. Mayor Myrick explained that a conference and a series of public meetings was recently organized by the Drug Policy Alliance’s Upstate Liaison. That group is looking for volunteers from community groups to sit on a community leadership board, and have approached leaders from GIAC, the Multi-cultural Resource Center, along with similar stakeholders from Tompkins County. They are still coordinating this group and working on the details for the first meeting. He further noted that there are still opportunities for grass roots involvement in this initiative that Decarcerate Tompkins is interested in. Alderperson Brock further responded to comments made about light pollution and the City’s transition to LED street lights, and also addressed comments made related information sharing about city initiatives. Alderperson McGonigal addressed the Cornell students who spoke about Ezra’s Tunnel, stating that the propeller to close Ezra’s Tunnel was Cornell University. He noted that Cornell has informed the city about the gorge safety education programs that December 6, 2017 3 are currently in place and suggested that if this is not true, they should find out who is in charge and speak to them about it. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Human Resources – Request to Amend Authorized Budget for a Safety Grant - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the City applied for and received an Occupational Safety and Health Training Education Program Grant from the New York State Department of Labor in the amount of $12,560; and WHEREAS, the grant will run until July 31, 2017, and provide City staff with various safety training, including, but not limited to: confined space, trenching, excavation, lockout/tagout, hazard communications and work zone safety; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 Authorized Human Resources Budget to account for the $12,560 Safety and Health Training and Education Program Grant from New York State as follows: Increase Revenue Account: A1430-3489 NYS Aid Health $ 12,560 Increase Appropriations Account: A1430-5435 Human Resources Contracts $ 12,560 Carried Unanimously 8.2 Finance/City Controller - Authorization to Cover Red Accounts - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen RESOLVED, That the City Controller be empowered to make transfers within the 2017 Budget appropriations, as needed, for the remainder of the 2017 Fiscal Year. Carried Unanimously 8.3 Finance/City Controller Request to Amend 2017 Budget to Account for Various Unanticipated Revenue and Related Expenses - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, during 2017, City of Ithaca departments have received revenue from various unanticipated sources including reimbursements, grants, and donations that need to be accounted for in the 2017 budget; and WHEREAS, the reimbursement totals $29,701 as follows: Tompkins County Celebration Grant $ 6,200 Insurance Recovery $18,329 Donations $ 5,172 ; now, therefore be it RESOLVED, That Common Council hereby amends the 2017 authorized budget as follows to account for said receipts and related expenditures of funds: Increase Revenue Accounts: A1012-2379 Community Celebrations $ 6,200 A3120-2680 Police – Insurance Recovery $17,036 A3410-2680 Fire – Insurance Recovery $ 793 A3410-2705 Fire – Donations $ 5,172 A7111/2680 Forestry – Insurance Recovery $ 500 $29,701 Increase Appropriations Accounts: A1012-5435 Community Celebrations $ 6,200 A3120-5476-5001 Police –Equipment Maintenance $17,036 December 6, 2017 4 A3410-5440-12350 Fire – Staff Development $ 3,282 A3410-5476-12250 Fire – Equipment $ 793 A3410-5445-12350 Fire Travel $ 1,359 A3410-5125 Fire Overtime $ 531 A7111-5485 Forestry – Trees $ 500 $29,701 Carried Unanimously 8.4 Fire Department – Approval of the 2018 Fire Department Inspection and Permit Fees - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention”, §181-9 F(1) entitled “Operating Permits for Certain Uses and Materials; Fees” states that the Fire Chief shall promulgate a fee schedule applicable to the permits authorized under such code; and WHEREAS, §181-9 F states that fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing, and issuing each of said permits; and WHEREAS, §181-9 F requires that any schedule and said changes proposed thereto shall be submitted to the Common Council for adoption prior to the collection of such fees; and WHEREAS, the permit fee schedule is based on the labor costs of performing the inspections and processing the permits; and because of subsequent salary increases and associated cost of fringe benefits the current fees do not reflect the actual costs of the services being provided; and WHEREAS, the fees were last adjusted and approved by Common Council on December 5, 2012; and WHEREAS, a proposal has been prepared and submitted to increase fees generally and as stipulated in the schedule from $50.00 to $55.00 per hour, and from $75.00 to $82.50 per hour for work performed during non-business hours, which will result in such fees reflecting current costs; and WHEREAS, the prepared proposal includes the additional permit fees for processing and the administration of permits over and above the costs of the actual inspections for issuing such permits; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby approve the proposed increase in permit fees as proposed; and, be it further RESOLVED, That these changes shall be authorized upon adoption of this resolution by Common Council, with an effective date of January 1, 2018. Carried Unanimously 8.5 Department of Public Works – Water & Sewer - Capital Project for Engineering Services Agreement for Grit Removal Project, Concrete Restoration Project, Emergency Generator Replacement, and Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTP) is in need of certain Capital Improvements; and WHEREAS, staff in association with the Plant’s consulting engineers, GHD, have estimated the cost for the engineering services for the final design of Grit Removal, Concrete Restoration, Emergency Generator Replacement, and miscellaneous plant improvements to be, 1-Concrete Restoration and Leak Repairs (final design) $22,900 2-Grit Removal and Miscellaneous Repairs (final design) December 6, 2017 5 2.1-Grit System $200,700 2.2-Influent Building I2mprovements $28,700 2.3-Stair Tower Improvements $37,400 2.4-Structural Improvements $10,200 2.5-Miscellaneous Improvements $56,700 2.6-Instrumentation and Control $15,100 3-Emergency Generator Replacement $41,800 Total Design Fees $413,500 Contingency 5% $20,675 Total $434,175 As detailed in GHD’s letter and Scope of Services Schedule A dated October 9, 2017 Revised Scope of Services and Engineering Fee Grit Removal and Concrete Restoration Project; and WHEREAS, the Special Joint Committee (SJC) approved the project at its regular meeting of November 8, 2017; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project 422J IAWWTF Improvements – Design in an amount not to exceed $434,175 for the final design engineering services agreement with GHD; and, be it further RESOLVED, That Common Council hereby recommends authorization of this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $248,088 Town of Ithaca 40.88 $177,491 Town of Dryden 1.98 $8,596 $424,175 ; and, be it further RESOLVED, That funds needed for said project shall be derived from Capital Project Reserve J1 and/or the issuance of Serial Bonds. Carried Unanimously 8.6 Department of Public Works – Water and Sewer - Capital Project Engineering Services Agreement for Evaluation and Recommendations for Improvements to the Flow Monitoring Stations Owned by the Ithaca Area Waste Water Treatment Facility (IAWWTF) - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the Ithaca Area Wastewater Treatment Plant’s thirteen (13) remote flow monitoring stations are in need of certain Capital Improvements; and WHEREAS, staff developed and advertised a Request for Proposals for Professional Engineering Services for Design and Installation of Flow Monitoring Stations for Ithaca Area Wastewater Treatment Plant’s thirteen (13) remote flow monitoring stations; and WHEREAS, four Proposals for Professional Engineering Services for Design and Installation of Flow Monitoring Stations for Ithaca Area Wastewater Treatment Plant’s thirteen (13) remote flow monitoring stations were received on September 22, 2017, and evaluated by staff; and WHEREAS, staff, based on their evaluation, recommend accepting the proposal and executing the agreement dated October 23, 2017, from the MRB group for the Flow Monitoring Station Project; and WHEREAS, staff, in association with the MRB group consulting engineers, have estimated the cost for the engineering services including only the first 3 tasks in their December 6, 2017 6 proposal for the Review, Evaluation, and Recommendations for improvements to the flow monitoring stations to be $23,838; and WHEREAS, flow meter stations rehabilitation is an existing active Sewer Joint Committee (SJC) capital project, number 414J with a current balance of $20,911 remaining after the first phase of access improvements were completed in 2008; and WHEREAS, the Special Joint Committee (SJC) approved the project at its regular meeting of November 8, 2017; and WHEREAS, Capital Project 414J Flow Meter Stations Rehab is hereby amended by an amount not to exceed $2,927 for a total project authorization of $102,927 for the engineering services agreement with MRB group; now, therefore be it RESOLVED, That Common Council hereby recommends authorization of this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $1,672 Town of Ithaca 40.88 $1,197 Town of Dryden 1.98 $58 $2,927 ; and, be it further RESOLVED, That funds needed for said project amendment shall be derived from Capital Project J-1. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 2018 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them; and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review; and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations; and WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common December 6, 2017 7 Council has been identified as an Involved Agency for the years of 2015, 2016 and 2017; and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; now, therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2018; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. Carried Unanimously (9-0) 9.2 Common Council Authorization for Restore NY5 Funding Application - Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, the 2016-17 New York State budget appropriated new funding for the Restore New York’s Communities Initiative (“Restore NY5”) to revitalize urban areas and stabilize neighborhoods and authorized the Empire State Development Corporation (“ESDC”) to implement the program; and WHEREAS, the goals of the Restore NY program are to (1) revitalize urban centers, (2) induce commercial investment, and (3) improve the local housing stock; and WHEREAS, Restore NY5 funding is available only for projects involving the demolition, deconstruction, rehabilitation and/or reconstruction of vacant, abandoned, condemned or surplus properties; and WHEREAS, municipalities with populations under 40,000 are eligible to submit one project, which may contain multiple related properties, not to exceed a request for $1,000,000 in funding; and WHEREAS, in response to a public call for proposals by the IURA, the following four projects were submitted: 1. Ithaca Housing - Redevelopment of the Green Street Garage, 120 E. Green Street; 2. Reach on State Street, 310 W. MLK Jr./State Street; 3. Home Dairy/Yellow Deli Building, E. MLK Jr./State Street; 4. 100s West, 121-123 W. State Street and 108-114 W. Green Street, and WHEREAS, the IURA Economic Development Committee evaluated proposals to maximize community benefit and competiveness for funding and recommended advancing the following two projects for final consideration: • 100s West • Reach on State Street (subject to securing site control), and WHEREAS, the sponsor for the Reach on State Street project was unable to secure site control of 310 W. State Street though the site was acquired by another buyer who seeks RestoreNY financial assistance to rehabilitate the historic structure on the property; and WHEREAS, the 100s West project is an approximately $2.5 million project by Urban Core, LLC to rehabilitate 3 adjacent buildings located at 121 W. MLK, Jr/State St., 123 W. MLK Jr./State Street and 108-114 W. Green Street, to create four below-market housing units and renovate 25,000 square feet of retail and commercial space; and December 6, 2017 8 WHEREAS, Restore NY5 application must include a municipal resolution in support of the application, proof that a public hearing was held on proposed application, and a site control affidavit for projects located on non-municipally owned property; and WHEREAS, the property owners have agreed to provide the full 10% required local match contribution, so no City match funds are required; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby endorses a Restore NY5 application for up to $1,000,000 that includes the following projects: 100s West, Urban Core, LLC 310 W. State Street, David Halpert and Teresa Halpert Deschanes; and, be it further RESOLVED, That the City of Ithaca Common Council hereby finds the proposed project is consistent with the City comprehensive plan and Urban Renewal Plan; that the proposed financing is appropriate for the specific project; that the project facilitates effective and efficient use of the existing and future public resources so as to promote both economic development and preservation of community resources; and the project develops and enhances infrastructure and/or facilities in a manner that will attract, create, and sustain employment opportunities where applicable; and, be it further RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized to take all actions necessary to submit a Restore NY5 application in accordance with this resolution, including, but not limited to, certification of the application; and, be it further RESOLVED, That the Mayor is authorized to modify the proposal to address any unforeseen feasibility issues that arise that would impact competitiveness of the application; and RESOLVED, That, if awarded, the Mayor, upon advise from the City Attorney, is hereby authorized to execute an agreement with ESDC, and any other documents necessary to receive the Restore NY grant, as well as agreements with individual property owners to implement the project; and, be it further RESOLVED, The IURA is hereby authorized to administer and implement the City’s Restore NY5 grant award. Carried Unanimously (9-0) 9.3 Resolution to Select Artwork for E. State/MLK Street and Stewart Avenue Electrical Box By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010; and WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical boxes through the creation of mini-murals, and subsequent rounds of the project were completed in 2014 and 2017; and WHEREAS, local artist Todd Ayoung has submitted his proposal for an electrical box mural, titled “Art After Freedom is a Constant Struggle”; and WHEREAS, after reviewing available locations and speaking with the artist, the PAC selected the electrical box at the intersection of E. State/MLK Street and Stewart Avenue as the proposed location for this mural; and December 6, 2017 9 WHEREAS, the PAC held public comment on the proposal at its meeting on October 26, 2017 and, while a quorum was not present, those members in attendance supported the installation of Todd Ayoung’s proposal “Art After Freedom is a Constant Struggle” on the electrical box at the intersection of E. State/MLK Street and Stewart Avenue; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects the proposal “Art After Freedom is a Constant Struggle” by Todd Ayoung to be installed on the electrical box at the intersection of E. State/MLK Street and Stewart Avenue and to be added to the City’s public art collection; and, be it further RESOLVED, That the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). Carried Unanimously (9-0) 9.4 Resolution to Select Artwork for a Rotating Mural Installation on Water & Sewer Workshop By Alderperson Murtagh: Seconded by Alderperson Gearhart WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces; and WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art; and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including the Department of Public Works facilities on First Street, by resolution on May 19, 2010; and WHEREAS, local artist Jay Potter has submitted a proposal for a rotating mural installation on the rear façade of a workshop at the Water & Sewer facilities on First Street; and WHEREAS, Mr. Potter has submitted a design for the first installation that features the Spanish word “junta” and the “Painted Lady” butterfly, and the installation will change occasionally after this original design is painted; and WHEREAS, Mr. Potter will collaborate with other artists on future designs and will provide ongoing maintenance for the installation; and WHEREAS, each mural design will be appropriate for all ages, colorful, and of high quality and will not be religious or political in nature; and WHEREAS, the artist will donate his time and materials, and the mural installation will be budget-neutral to the City; and WHEREAS, the PAC held public comment on the proposal at its meeting on October 26, 2017 and, while a quorum was not present, those members in attendance supported the approval of a rotating installation by Jay Potter for a period of 5 years, with the option to renew, and encouraged the involvement of a diverse group of artists in future designs; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects Jay Potter to install and maintain a rotating mural installation on the rear façade of a Water & Sewer Workshop on First Street for a period of 5 years, with the option to renew with approval by Common Council; and, be it further December 6, 2017 10 RESOLVED, That the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). Alderperson Nguyen noted that Ithaca is very lucky to have great art. Alderperson Murtagh noted that this artist has done wonderful installations throughout the City and has brought in other artists as well. A vote on the Resolution resulted as follows: Carried Unanimously (8-0) Alderperson Brock absent from vote 9.5 Proposed Resolution to Authorize Cornell University by Memorandum of Understanding (MOU) to secure “Ezra’s Tunnel” at Ithaca Falls Park By Alderperson Murtagh: Seconded by Alderperson Gearhart WHEREAS, the Cornell University administration has expressed concern that the open Western access to “Ezra’s Tunnel” at Ithaca Falls Park (hereafter “Western Access”) and the part of Fall Creek Gorge beyond pose a well‐documented hazard to public health and safety, including emergency responders; and WHEREAS, Cornell University (“Cornell”) has offered to construct a safety barrier consisting of two fences, one with a secure gate, to secure the Western Access (“Safety Barrier”) and grant it to the City of Ithaca; WHEREAS, the City of Ithaca is willing to take ownership of the proposed Safety Barrier to the Western Access on certain terms and conditions; now, therefore be it RESOLVED, That the Mayor, subject to the advice of the City Attorney and Director of Public Works, is authorized to enter into a Memorandum of Understanding (“MOU”) concerning the proposed Safety Barrier with Cornell containing, among others, terms approximating the following: 1. The plans and specifications for the Safety Barrier shall be prepared at the sole cost of Cornell, for subsequent review by the City, including the Superintendent of Public Works and Fire Chief. 2. The Safety Barrier shall have keyed access for emergency and maintenance personnel. 3. Cornell shall construct the Safety Barrier at its sole cost and expense. 4. Cornell and its contractors shall provide proof of insurance naming the City of Ithaca as additional insured in form and amount reasonably approved by the City Attorney. Cornell shall hold the City of Ithaca harmless from liability connected with the Safety Barrier during construction and until the Safety Barrier site is turned over to the City of Ithaca. Thereafter the City shall hold Cornell harmless from liability connected with the Safety Barrier. 5. The City of Ithaca shall take sole ownership of the Safety Barrier after the Safety Barrier is accepted by the City. Extensive discussion followed on the floor with Common Council members sharing their thoughts regarding the lack of city resources to manage and protect the natural areas, the sense of personal responsibility that people must have when interacting with nature, the city’s many parks, trails, and natural areas that are open to the public, the dangers of this particular location and the temporary nature of this solution, long-term safety improvements that are needed, the physical and mental benefits that natural areas provide to people, emergency responder safety, and the educational tools needed to inform people who are not familiar with the area of hidden dangers. Amending Resolution By Alderperson Brock: Seconded by Alderperson Nguyen RESOLVED, That the following Whereas clause be added to the Resolution: December 6, 2017 11 “WHEREAS, Ezra's Tunnel is an important relic of the industrial history of Ithaca and of the many contributions that Ezra Cornell made to the City, and whereas the gorge is a place of profound natural beauty worthy of respect and protection;” and, be it further RESOLVED, That the following clause be added to the terms of the MOU with Cornell University: “6. The City of Ithaca shall retain the discretion and authority to open and/or remove the proposed Safety Barrier”, and, be it further RESOLVED, That the following Resolved Clauses be added to the Resolution: “RESOLVED, That Common Council establishes that the Safety Barrier is to be a temporary structure, and be it further RESOLVED, That Common Council will ask the Parks, Recreation and Natural Resources Commission to establish an ad hoc working group to study Ezra’s Tunnel and associated areas of the Ithaca Falls Park for the purpose of reestablishing public access to the area and opening of the safety barrier and recommend (a) signage to note the historic significance of the site b) signage to educate the public of the hazards of the site c) a plan to manage and monitor the area should it be re-opened to the public and d) structural improvements to Ezra’s Tunnel and its access path, and, be it further RESOLVED, That this group will report to the Commission and Common Council within 24 months of the construction of the gate.” Discussion followed on the floor regarding the intended use and the design of the gate, the current behaviors occurring in that area, and the idea of forwarding this issue to the Parks, Recreation and Natural Resources Commission (PRNR). Alderperson Brock suggested that this Resolution be sent back to committee so a proper strategy could be developed to properly manage this area, allowing the gate to only be closed due to weather conditions. Alderperson Smith stated that he would accept this legislation as written and have the PRNR Commission work on the path forward. A vote on the Amending Resolution resulted as follows: Ayes (3) Brock, McGonigal, Nguyen Nays (6) Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff Failed (3-6) Amending Resolution: By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That the following Resolved Clause be added to the Resolution: “RESOLVED, That the Common Council supports exploration of re-establishing public access to Western Ithaca Falls Park and charges the Parks, Recreation and Natural Resources Commission to pursue this issue and make a recommendation to Council” Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith Kerslick, Mohlenhoff Nays (1) McGonigal Carried (8-1) Amending Resolution: By Alderperson Fleming: Seconded by Alderperson McGonigal RESOLVED, That the following Whereas Clause be added to the Resolution: December 6, 2017 12 “WHEREAS, Ezra's Tunnel is an important relic of the industrial history of Ithaca and of the many contributions that Ezra Cornell made to the City, and whereas the gorge is a place of profound natural beauty worthy of respect and protection; and,” Carried Unanimously Amending Resolution: By Alderperson Brock: Seconded by Alderperson McGonigal RESOLVED, That the following term be added to the MOU with Cornell University: “6. The City of Ithaca shall retain the discretion and authority to open and/or remove the proposed Safety Barrier” Ayes (8) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick Nays (1) Mohlenhoff Carried (8-1) Motion to Table: By Alderperson McGonigal: Seconded by Alderperson Brock RESOLVED, That this issue be tabled pending further discussion. Ayes (3) Brock, McGonigal, Nguyen Nays (6) Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff Failed (3-6) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (6) Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff Nays (3) Brock McGonigal, Nguyen Carried (6-3) 9.6 Resolution to Approve Creative Bike Rack Designs for Fabrication and Installation By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, in the spring of 2017, the Downtown Ithaca Alliance, in partnership with the City of Ithaca and Tompkins County held a call for submissions for creative bike rack designs; and WHEREAS, a design review board composed of bicycle advocates, the City’s Public Art Commission (PAC) and other community members worked with the Downtown Ithaca Alliance and were responsible for selecting the winning designs; and WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art (see Cultural Resources); and WHEREAS, designs were judged on functionality, artistic innovation and creativity; and WHEREAS, there were 79 submissions of which 13 were chosen for fabrication; and WHEREAS, the PAC held a public comment period for the proposals through notification of surrounding property owners of all thirteen locations; and WHEREAS, the public comments were discussed by members of the PAC on June 22, 2017; and WHEREAS, after reviewing public comment, the PAC voted unanimously to recommend the bike racks and their locations be considered for approval by the Common Council; and WHEREAS, according to the project sponsor, the racks will be donated and become the property of the City; and December 6, 2017 13 WHEREAS, on July 12, 2017, the Planning Committee approved the design, fabrication, and installation of thirteen bike racks, in the locations proposed, as recommended by the Public Art Commission, pending approval by the Board of Public Works; and WHEREAS, on September 25, 2017, the Board of Public Works reviewed and approved the design, fabrication, and installation of thirteen bike racks, in the locations proposed; now, therefore be it RESOLVED, That the City of Ithaca Common Council approves the design, fabrication, and installation of thirteen bike racks, in the locations proposed, as recommended by the Public Art Commission and attached to this resolution. Alderperson Nguyen stated that although one person has spoken in opposition to this legislation, the Public Art Commission supports it. He noted that these are not the most useful type of bike rack but more racks are needed throughout the City, so he enthusiastically supports this initiative. A vote on the Resolution resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 8.7 Youth Bureau – Renewal of Recreation Partnership Contract - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca has been both a member and provider of services for the Intermunicipal Recreation Partnership for more than 20 years; and WHEREAS, The Intermunicipal Recreation Partnership has demonstrated a successful approach to shared services that provides recreation and leisure programming for thousands of youth at accessible fees for member municipalities; and WHEREAS, the Ithaca Youth Bureau strongly encourages the City to continue to be a member and provider of the Intermunicipal Recreation Partnership for a new five year contract term 2018 – 2022; and WHEREAS, the City Attorney has reviewed and approved the Intermunicipal Recreation Partnership Contract for the five year term; now, therefore be it RESOLVED, That Common Council approves the Recreation Partnership contract for 2018 – 2022. Alderperson Brock inquired about the lack of participation by the Village of Cayuga Heights. Alderperson Mohlenhoff explained that the Village of Cayuga Heights is part of the Town of Ithaca and is included indirectly through the Town. A vote on the Resolution resulted as follows: Carried Unanimously 10.1 Department of Public Works – Water and Sewer - Amendment to Personnel Roster – Plumbing Inspector - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Water and Sewer Division anticipates that a vacancy in the position of Chief Inspector of Plumbing will occur in 2018; and WHEREAS, the Chief Inspector of Plumbing is a specialized position that requires significant training both in the office and in the field; and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has budgeted to provide for an overlapping position in both the 2017 and proposed 2018 budget; and December 6, 2017 14 WHEREAS, the Water and Sewer Division recommends the position be filled a minimum of nine (9) months in advance of the actual vacancy to allow for adequate training and a smooth transition; and WHEREAS, the overlapping position will have the title of Plumbing Inspector to be consistent with Building Division titles, and will reside in the Building Division, but will essentially have the same job description as the Chief Inspector of Plumbing; and WHEREAS, the Chief Inspector of Plumbing’s responsibilities will be transferred to the Plumbing Inspector in the City Building Division upon the retirement of the Chief Inspector of Plumbing; now, therefore be it RESOLVED, That the Personnel Roster of the City Building Division be amended as follows: Add: One (1) Plumbing Inspector ; and, be it further RESOLVED, That upon the retirement of the current Chief Inspector of Plumbing, the position vacated through retirement shall be abolished effective on the employee's retirement date; and, be it further RESOLVED, That funding for this position will be allocated 40% from account F8313 and 60% from account G8113. Alderperson Brock questioned why the position was being removed from the Water & Sewer Division. Alderperson Mohlenhoff explained that the position originated in the Building Department. Having it return to the Building Division would allow for consistency in building inspections. Assistant Superintendent of Water & Sewer Whitney and Director of Code Enforcement Niechwiadowicz are supportive of this change as the work is related to code enforcement and no one else in the Water & Sewer Division performs this type of work. A vote on the Resolution resulted as follows: Carried Unanimously 10.2 Department of Public Works – West State/Martin Luther King Jr. Street Corridor Enhancements - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, on September 6, 2017, Common Council approved a resolution authorizing funding for Capital Project #790, West Martin Luther King Jr. Street Corridor Enhancements , P.I.N. 395050 (the “Project”); and WHEREAS, the Board of Public Works, acting as the lead agency, declared on May 8, 2017, that the project would not have a significant negative environmental impact, in accordance with the City Environmental Quality Review Ordinance and the New York State Environmental Quality Review Act; and WHEREAS, as a part of the funding authorization, Common Council directed the Board of Public Works to reconsider a component of the project, namely the signalization of a mid-block pedestrian crosswalk; and WHEREAS, on October 23, 2017 and November 13, 2017, the Board of Public Works discussed the benefits and costs of the mid-block signal, including considerations for pedestrians, motorists, ownership and maintenance costs to the City, and the flexibility to include signalization now compared to adding it in the future; and WHEREAS, on November 13, 2017, the Board of Public Works supported a resolution recommending to Common Council to keep the mid-block signalized crossing in the project but had no quorum to vote; now, therefore be it December 6, 2017 15 RESOLVED, That Common Council approves the mid-block signal as a component of this Project and appreciates the time and reconsideration by the Board of Public Works. Extensive discussion followed on the floor regarding the proposed mid-block crossing, vehicular traffic volumes, pedestrian safety, and the proposed center curbed island. Amending Resolution By Alderperson McGonigal: Seconded by Alderperson Brock RESOLVED, That the proposed center curbed pedestrian island be removed from the design. Discussion followed on the use of the island as a traffic calming measure and a pedestrian safety feature. It was recommended that the island be minimized. A vote on the Amending Resolution resulted as follows: Ayes (2) Brock, McGonigal Nays (7) Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff Failed (2-7) Further discussion followed regarding the traffic signal at Floral Avenue and State Street and pedestrian signal activations. Main Motion A vote on the Main Motion resulted as follows: Ayes (7) Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff Nays (2) McGonigal, Brock Carried (7-2) Motion to Extend the Meeting By Alderperson Smith: Seconded by Brock RESOLVED, That the meeting be extended by 30 minutes to conclude business. Ayes (7) Brock, Nguyen, Murtagh, Gearhart, Fleming, Kerslick, Mohlenhoff Nays (2) McGonigal, Smith Carried (7-2) 10.3 City Attorney – Authorization to Share Proceeds from Any Future Sale of “TCAT Parcel” - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, on October 9, 1991, the City, County, Cornell University and Gadabout entered into a Regional Transit Facility Construction and Operation Agreement to establish general terms for ownership, construction and operation of the newly forming Tompkins Consolidated Area Treat (TCAT) facility; and WHEREAS, in such agreement, the City agreed to provide a site of approximately two acres, on which TCAT presently sits, with a right-of-way, to the south and two easements to the north of the TCAT parcel; and WHEREAS, upon execution of the agreement and completion of the facility, the City agreed to convey one-half of its right, title and interest in the TCAT parcel including any improvements, appurtenances, easements and rights-of-way to itself and the County, with each owning a one-half interest in the property and facility; and WHEREAS, such conveyance was never completed, and would today present substantial impediments in the form of zoning restrictions on subdividing the TCAT parcel from the greater City-owned parcel; and WHEREAS, City and County staff have expressed support for execution of an agreement creating a joint stake in the proceeds of any future sale of the TCAT parcel, and the County is currently seeking approval from its legislature to execute such an agreement; now, therefore be it December 6, 2017 16 RESOLVED, That the Common Council authorizes the Mayor, upon consultation with the City Attorney, to execute a memorandum of understanding containing terms substantially similar to those of the attached agreement concerning the division of proceeds from any future conveyance of the TCAT parcel. Discussion followed on the floor regarding language changes Tompkins County has requested to the Memorandum of Understanding related to terms of the use of the property. A vote on the Resolution resulted as follows: Carried Unanimously 10.4 Adoption of “Rules of Procedure for City of Ithaca Advisory Commissions” - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson WHEREAS, on July 5, 2017, the City of Ithaca Common Council passed an ordinance to add a Chapter 8, entitled “Advisory Commissions” to the City of Ithaca Municipal Code that established four new Advisory Commissions; and WHEREAS, section 8-9(A) of such Chapter empowers the Common Council to, by resolution, adopt rules and procedures for the Advisory Commissions; and WHEREAS, the Common Council finds it desirous to create such rules of procedure to guide the Commissions’ membership and meetings as is required to conduct the business of the Commissions; and WHEREAS, the City Clerk and other members of City staff, in consultation with members of Common Council, have developed an updated application process for the public to volunteer to participate in the advisory bodies of the City of Ithaca that will better streamline the application process and make the application process more accessible to the public; now, therefore be it RESOLVED that Common Council hereby approves the new volunteer application process developed by the City Clerk and adopts the “Rules of Procedure for City of Ithaca Advisory Commissions” dated December 6, 2017, pursuant to section 8-9(A) of the City Code. Alderperson Mohlenhoff noted the changes made to the meeting schedules: the Public Safety and Information Commission will meet on the 1st Monday of the month and the Board of Public Works is moving to the 3rd Tuesday of the month. All meetings start at 6:00 pm. A vote on the Resolution resulted as follows: Carried Unanimously 10.5 City Controller’s Report City Controller Thayer reported on the following:  Sales tax is running approximately 4.5% above budgeted figures  Overtime: $1.3 million has been spent to date - $974,000 was budgeted  Building Permit revenue is running $125,000 below budget  Housing inspections: $106,000 has been collected – $234,000 was budgeted  Parking revenues are meeting budget projections at $2.7 million – expenses are over budget due to aging and failing equipment.  Mortgage tax revenue is over budget  Fine revenue is under budget due to the suspension of odd/even parking regulations  Pension liability payment of $4.7 million, due on February 1st, can be paid early for a $40,000 discount December 6, 2017 17 INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Kerslick - Ithaca City Apartments Housing Development Fund Corporation (“ICAHDFC”) – Waive and Subordinate City of Ithaca’s Option to reacquire First Street Property – Resolution By Alderperson Kerslick: Seconded by Alderperson Nguyen WHEREAS, Ithaca Neighborhood Housing Services, Inc. (“INHS”) is the owner and developer of an affordable housing project located at scattered sites in the City of Ithaca, Tompkins County, New York now known as Ithaca City Apartments (the “Project”); and WHEREAS, the Project was previously known as the INHS Affordable Housing Scattered Site Preservation project; and WHEREAS, the Project includes, but is not limited to, those certain existing units of affordable housing located in 14 buildings situate at First Street (SBL# 25.-3-1.1) (the “Property”); and WHEREAS, INHS acquired title to the Property from Mutual Housing Association of Tompkins County, Inc. by deed dated January 3, 2013 and recorded in the Tompkins County Clerk’s Office on January 17, 2013 as Instrument #2013-00808; and WHEREAS, the City of Ithaca (“City”) previously waived and subordinated its right of first refusal over the Property (the “ROFR”) by a resolution adopted by the Common Council of the City on October 20, 2011 and recorded in the Tompkins County Clerk’s Office on January 17, 2013 as Instrument #2013-00804; and WHEREAS, in furtherance of the financing of the redevelopment of the Project, the continuing operation of the Project as affordable housing, and the rehabilitation of the Property (the “Current Transactions”), which Current Transactions shall include, but are not limited to, the issuance of tax exempt bonds and syndication of low-income housing tax credits, INHS has formed ICAHDFC, a New York housing development fund corporation, for the purposes of holding the record title to the Project and is its sole sponsor; and WHEREAS, in furtherance of the Current Transactions, INHS desires to convey its fee interest in the Property to ICAHDFC; and WHEREAS, in furtherance of the Current Transactions, INHS has caused the formation of Ithaca City Apartments, LLC, a New York limited liability company (the “Company” and together with INHS and ICAHDFC, the “Requesting Parties”) to hold the beneficial interest in the Project and the Property and will be the managing member of the managing member of the Company; and WHEREAS, in furtherance of the Current Transactions, ICAHDFC desires to convey the beneficial interest in the Project and the Property to the Company, retaining for itself the nominal fee title in the Project and the Property; and WHEREAS, INHS now requests that City waive its ROFR to reacquire the Property in connection with the conveyance by INHS to ICAHDFC, the conveyance by ICAHDFC to the Company, and in any future conveyance by either ICAHDFC, the Company and/or INHS provided that INHS retains day to day control of the Property (collectively, the “Permitted Conveyances”); and WHEREAS, the Requesting Parties now request that City subordinate the ROFR to one or more mortgage liens and/or security securing the interests of any lender/bond purchaser of the Property in furtherance of the Current Transactions and Permitted Conveyances; now, therefore be it RESOLVED, That in order to induce the Requesting Parties to acquire the Property pursuant to the Permitted Conveyances, City hereby agrees to waive its ROFR with respect to the Permitted Conveyances; and, be it further December 6, 2017 18 RESOLVED, That City agrees to subordinate its ROFR to any mortgage or other lien and/or security interest in the Property in connection with the Current Transactions or in the future provided that INHS retains day to day control of the Property; and, be it further RESOLVED, That the Mayor, upon the advice of City Attorney, is hereby authorized to execute all necessary and appropriate documents to implement these resolutions, including, but not limited to, a subordination agreement. Alderperson Kerslick explained the history of this transaction and the urgency to adopt it before the tax reform bill becomes effective and this funding path is eliminated. Discussion followed regarding the Right of First Refusal language that was included in the original Mutual Housing Association agreement, and the creation of the for-profit entity in order to secure tax credit financing. A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Appointment of Police Chief – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That Deputy Chief Peter Tyler be and hereby is appointed to the position of Chief of Police, effective December 4, 2017 at an annual salary of $116,726. Carried Unanimously 14.2 Recommendations to Tompkins Consolidated Area Transit Board – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That Common Council recommends that Ducson Nguyen be re-elected as a Director of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2020. Carried Unanimously 14.3 Appointments to Housing Board of Review – Resolution By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff RESOLVED, That David Wahl be appointed to the Housing Board of Review to fill a vacancy with a term to expire December 31, 2018; and, be it further RESOLVED, That Brian Grout be appointed to the Housing Board of Review to fill a vacancy with a term to expire December 31, 2020. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Tompkins County Legislature Alderperson McGonigal reported that Katie Borgella has been appointed as Tompkins County’s Commissioner of Planning and Sustainability. Advisory Committees Alderperson Nguyen reported that the Bicycle Pedestrian Advisory Council will be holding their last celebratory meeting soon. Alderperson Gearhart noted that the Commons Advisory Board, Board of Fire Commissioners, and the Public Art Commission will all be holding their final meetings in the next couple of weeks. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the October 4, 2017 Common Council Meeting Minutes – Resolution: By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That the minutes of the October 4, 2017 Common Council Meeting be approved as published. Carried Unanimously December 6, 2017 19 18.2 Approval of the November 1, 2017 Common Council Meeting Minutes – Resolution Approval of the November 1, 2017 Common Council Meeting minutes was deferred to January, 2018. 18.3 Approval of the October 2017 Common Council Budget Meeting Minutes – Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That the minutes of the October 2017 Common Council Budget Meetings be approved as published. Discussion followed on the floor regarding the October 12, 2017 budget meeting minutes. Approval of those minutes will be deferred to the January meeting to allow for further review. A vote on the remaining sets of minutes resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor