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HomeMy WebLinkAboutMN-CC-2018-07-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. July 5, 2018 PRESENT: Mayor Myrick Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine Deputy City Controller – Andrew Building - Planning & Development Director – Cornish Community Development Director – Bohn Fire Chief - Parsons Director of Engineering – Logue Senior Planner – Kusznir EXCUSED: Alderperson Kerslick PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Mayor’s Appointments: Mayor Myrick requested the addition of an appointment to the Board of Public Works. No Council Member objected. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Bloomberg Philanthropies - Mayors Challenge Grant Mayor Myrick invited Alderperson Smith, Fire Chief Parsons, and Katharine Celentano to present information about Ithaca’s entry for the Bloomberg Philanthropies Mayors Challenge Grant. The City of Ithaca was one of 35 communities selected out of 320 applications to enter the next phase of the competition that involves the designing of a prototype and was awarded up to $100,000 to complete this work. Ms. Celentano explained that the City’s application is to design and build a health hub that includes a general expansion of harm reduction services including a safer consumption space, also known as a supervised injection facility (SIF). In addition, coordination of services would be handled through an office of drug policy that would become a city office. She stated that extensive interviews have been conducted with current users of the Southern Tier AIDS Prevention (STAP) program who are actively using drugs to see if they would be willing to convert to being SIF user. A three- dimensional prototype is being built of the proposed facility for focus group discussions, and one-on-one meetings have occurred with local treatment providers to get a better understanding of how to optimize the referral system between harm reduction services and more traditional services. Data is being collected to identify which demographics are least likely to seek harm reduction services, so ideas can be generated on how to engage them effectively. She noted that even if the City is not one of the top five winners (4 communities will receive $1 million and the grand prize is $5 million), the process was designed to be meaningful. The City will walk away with the data exploration and community engagement that was a cornerstone of this work. Fire Chief Parsons commented that opioid addiction is very difficult to overcome and has been on a steady rise across the country for the past eight years. He stated that the traditional solutions of treatment programs are not working, abstinence is the only July 5, 2018 2 thing that is working. He noted that supporting a safe consumption space is not advocating for people to use drugs; it’s advocating for engagement with people who can help those who are addicted break the cycle, and make sure that they have access to food, shelter, employment, and health care. He described the issues that opioid use and overdoses have had in other communities including the emotional impact on emergency responders and healthcare professionals. Alderperson Smith noted that safer consumption spaces already exist in other countries and the idea just needs to be customized for this country and this city. He commented that the supervised injection facility is just one piece of a more comprehensive solution that the Mayor’s Office and the Tompkins County Department of Health are developing. Alderperson Murtagh voiced concerns regarding the citing of the supervised injection facility at STAP and the potential development of the block. He noted that Ithaca Neighborhood Housing is looking to develop a house and 40 housing units on that block. He further commented that the conversation surrounding this topic has been largely led by the Drug Policy Commission and suggested that there be a broader discussion with a broader coalition that includes meetings at the neighborhood level. He voiced his continued support for the initiative and its goal of saving lives. Alderperson Brock stated that she applauds what this program is working to do, noting that treatment for addiction is connection. This program provides a level of dignity and meets people where they are. She stated that deaths in Tompkins County are lower than surrounding counties, noting that local emergency responders have provided great service in saving lives. She questioned what the approach would be regarding engagement with the community, noting that a broader conversation would help ease this process forward. Mayor Myrick responded to comments made about citing the facility, noting that drugs are in most neighborhoods now; needles and drug paraphernalia are being found in parks, on sidewalks, in public restrooms, etc. This initiative is directed toward keeping that type of activity out of the neighborhoods and focusing it toward the safe consumption space. Alderperson Brock reported that the Rescue Mission would not be renewing its contract to provide homelessness services for next year. Alderperson Murtagh commented that STAP would need to be responsible for mitigating any impacts on that block. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Joe Wilson, Town of Dryden, addressed issues regarding development and the City’s Green Building Policy. Theresa Alt, City of Ithaca, spoke in support of the proposed changes to the CIITAP legislation and called for 20% of affordable housing units for projects with large tax abatements. Fay Gougakis, City of Ithaca, addressed issues surrounding the use of Lime Bikes, mobile vending on the Commons and dogs on the Commons. Patrick Braga, City of Ithaca, thanked the City for all of the lessons he’s learned as an Urban Planner and urged the use of form based code for the Fall Creek neighborhood. July 5, 2018 3 PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick thanked Mr. Braga for his contributions to the Ithaca community. He further thanked Ms. Gougakis for her comments and noted that the Board of Public Works and the Superintendent are reviewing the late night mobile vending pilot agreement. Alderperson McGonigal also thanked Mr. Braga for his contributions and thanked Ms. Alt for being a strong advocate for affordable housing. Alderperson Brock responded to comments made regarding the late night mobile vending pilot agreement stating that she would like to see the pilot continue as long as the use of a generator has been addressed. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Water & Sewer – Ithaca Area Wastewater Treatment Facility (IAWWTF) Amendment to Personnel Roster – Addition of Two (2) Senior Wastewater Treatment Plant Operators - Resolutions By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in the process of an organizational restructuring to more effectively and efficiently conduct its operations; and WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has need of another two (2) Senior Wastewater Treatment Plant Operators; and WHEREAS, the 2018 Final Budget for the IAWWTF has the fund balance necessary because of a longer than anticipated hiring process for three other vacant positions, and will for the 2019 and future budgets need to be funded with an approximate additional $10,000 annually; and WHEREAS, with the funding and authorization of these two (2) Senior Wastewater Treatment Plant Operators to the roster, the current titles of Wastewater Treatment Plant Operator Maintenance Coordinator and Wastewater Treatment Plant Industrial Wastewater Pretreatment Coordinator will be defunded and removed from the roster; and WHEREAS, a new job description and new position duties statement have been prepared for Senior Wastewater Treatment Plant Operator and vetted by the City of Ithaca Human Resources Department; and WHEREAS, the new job description and new position duties statement will be submitted to the Civil Service Commission this month, June of 2018; now, therefore be it RESOLVED, That the Personnel Roster of the IAWWTF be amended as follows: Add: Two (2) Senior Wastewater Treatment Plant Operators Delete: One (1) Wastewater Treatment Plant Maintenance Coordinator One (1) Industrial Wastewater Pretreatment Coordinator ; and, be it further RESOLVED, That the funding for this roster change shall be obtained from within the allocated departmental budget. Carried Unanimously July 5, 2018 4 8.2 Youth Bureau – Budget Amendment Authorization For Joint Youth Commission First-Time Work Program- Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart WHEREAS, the City of Ithaca will receive $71,750 in funding from the Town of Ithaca for the Joint Youth Commission First-Time Work Program to offer summer employment to additional teens this summer; now, therefore be it RESOLVED, That Common Council hereby amends the 2018 Authorized Youth Bureau budget as follows: Increase anticipated revenue from the Town of Ithaca: A7310-2350-1202 Youth Employment Service $70,750 A7310-2350-1400 Administration $1,000 Total $71,750 Increase expenses: A7310-5120-1202 Part time/Seasonal $59,074 A 7310-5425-1202 Office Supplies $1,320 A 7310-5445-1202 Travel & Mileage $ 636 A 7310-5460-1202 Program Supplies $1,831 A 7310-5425-1400 Office Expense $1,000 A 7310-9030 FICA/Medicare $4,520 A 7310-9040 Workers Comp $3,369 Total $71,750 Carried Unanimously 8.3 Youth Bureau – Budget Amendment Authorization - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart WHEREAS, the City of Ithaca will receive $143,341 in funding for the Tompkins Summer Youth Employment Program and may be able to offer summer employment to additional teens this summer; now, therefore be it RESOLVED, That Common Council hereby amends the 2018 Authorized Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase Revenue: A7310-4820-1202 Youth Employment Service $138,465 A7310-4820-1400 Administration $ 4,876 Total $143,341 Increase Expenses: A 7310-5120-1202 Part time/Seasonal $117,763 A 7310-5425-1202 Office Supplies $ 2,000 A 7310-5445-1202 Travel & Mileage $ 600 A 7310-5460-1202 Program Supplies $ 2,400 A 7310-5437-1400 Merchant Services $ 2,000 A 7310-5440-1400 Staff Development $ 1,000 A 7310-5460-1400 Program Supplies $ 1,876 A 7310-9030 FICA/Medicare $ 9,009 A 7310-9040 Workers Comp $ 6,693 Total $143,341 Carried Unanimously 8.4 Department of Public Works (DPW) - Authorization of Supplemental - Agreements for the Cayuga Waterfront Trail – Phase 2 - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL – PHASE 2, P.I.N. 395047 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and July 5, 2018 5 WHEREAS, on June 3, 2015, Common Council passed a resolution recounting the history of the Cayuga Waterfront Trail, from the authorization and establishment of Capital Project #445 (then entitled Cass Park Waterfront Trail, to become known as Phase 1 of the Cayuga Waterfront Trail) in the amount of $425,000 on June 13, 2001, the addition of Phase 2 (then known as PIN 395024) in April 2003, environmental review for Phase 2 and Phase 3 of the project, the addition of Phase 3 in June 2007, and funding authorizations on the following dates: April 2, 2003, May 3, 2006, November 1, 2006, June 6, 2007, the 2010 Capital Budget, October 6, 2010, the 2014 Capital Budget, and June 13, 2015; and WHEREAS, on May 9, 2009, Common Council passed a resolution approving a Supplemental Agreement for the Trail, amending the administration and management of the project so that the New York State Department of Transportation would be responsible for the Right-of-Way acquisition for Phase 2 of the Cayuga Waterfront Trail; and WHEREAS, in the summer of 2010, Phase 3 of the trail was constructed by contract; and WHEREAS, on March 6, 2012, at the request of the New York State Department of Transportation, and through an action of the Ithaca-Tompkins County Transportation Council, Phase 2 and Phase 3 of the Project were separated into two projects for administrative purposes, specifically to address administration of Right-of-Way Acquisition; at that meeting Phase 3 was given PIN #395024 and a new PIN was created for Phase 2, PIN #395047; and WHEREAS, on June 13, 2015, Common Council approved two new Master Agreements for the Project: one agreement for the final design, construction and construction inspection of Phase 2 (D034164), with a total authorization of $2,487,524, and one agreement for the Right-of-Way Incidentals and Acquisition of Phase 2 (D034163), with a total authorization of $510,500, with the understanding that the apportionment of the costs for these portions of the project would be 80% federal and 20% local; and WHEREAS, on June 13, 2015, Common Council also amended Capital Project (CP) #445 to bring the total authorization of Phase 1, 2, and 3 to $4,385,956.37, with the understanding that much of the authorization would be reimbursable in state and federal funds; and WHEREAS, New York State Department of Transportation (NYSDOT) acquired fee and permanent easement interests in properties related to Phase 2 of the Project in November and December of 2013, and construction of Phase 2 proceeded in 2015 by contract, and NYSDOT transferred said interests in properties by deed to the City in 2017; and WHEREAS, in May 2018, NYSDOT produced supplemental agreements for D034163 and D034164 to shift funds from the Design/Construction/Construction Inspection phases of the project to the Right-of-Way Incidentals/Acquisition phases of the project; now, therefore be it RESOLVED, That Common Council hereby re-approves of the above-subject Project; and, be it further RESOLVED, That Common Council hereby re-authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Design, Right-of- Way, Construction, Construction Inspection and Supervision work for the Project or portions thereof; and, be it further RESOLVED, That as noted in the abovementioned authorizations, the total project authorization is $4,385,956.37, and shall be made available to cover the cost of participation in the above phases of the Project; and, be it further July 5, 2018 6 RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City Attorney and other involved staff, be and is hereby authorized to execute Supplemental Agreements for the Cayuga Waterfront Trail – Phase 2, including D034164 for Design, Construction and Construction Inspection with a total authorization of $1,719,310; and D034163 for State Administered Right-of-Way Incidentals and Acquisitions with a total authorization of $1,403,000; and, be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca, with the New York State Department of Transportation, in connection with the advancement or approval of Phase 2 or Phase 3 of the Project, and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all their Project costs within the appropriations therefor that are not so eligible; and, be it further RESOLVED, That except as explicitly amended in this resolution, Common Council’s previous resolutions concerning the Project, as referenced above, still remain in full force and effect; and, be it further RESOLVED, That the City Clerk be and hereby is authorized and directed to file a certified copy of this resolution with the New York State Commissioner of Transportation, by attaching it to any necessary, agreements in connection with the Project; and, be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously 8.5 Support for Climate Smart Communities Grant from the City of Ithaca/Downtown Ithaca Alliance (DIA) for Traffic Demand Management Program - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart WHEREAS, the City of Ithaca Planning and Economic Development Department, in partnership with the Downtown Ithaca Alliance, would like to apply for a 2018 Consolidated Funding Application ~ New York State Department of Environmental Conservation Climate Smart Communities grant on behalf of the City of Ithaca for the purpose of creating a Transportation Management Association and providing an ongoing downtown area Transportation Demand Management program; and WHEREAS, the downtown area is a vital, active and dense urban neighborhood that represents a unique and important area for employment, residences, education, religious institutions and retail businesses; and WHEREAS, increased commuter traffic and growing demand for public garage parking is a recognized concern of the greater downtown area; and WHEREAS, if successful in receiving this grant, the City of Ithaca would contract with the Downtown Ithaca Alliance to fulfill the terms of the grant: to create and manage the Transportation Management Association and associated Transportation Demand Management program; and WHEREAS, Transportation Management Associations’ unique collaborations between the public and private sector have been helping communities across the United States deliver transportation options that benefit commuters and employers for over 30 years; and July 5, 2018 7 WHEREAS, the Downtown Ithaca Alliance is currently implementing a Transportation Demand Management (TDM) pilot program, which is charged with helping to reduce the number of single occupancy vehicles commuting to and from the City of Ithaca; and WHEREAS, if successful in receiving this grant, matching requirements will be met by the Downtown Ithaca Alliance and its affiliated TDM partners; and WHEREAS, the DIA has a strong record of success in applying for, securing, and administering other grants in past years in partnership with the City; and WHEREAS, The Climate Smart Communities grant application process requires that the elected body of the local municipality adopt a resolution of support for the application prior to its submission on or before July 27, 2018; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby wholeheartedly supports and encourages the application for the 2018 New York State Department of Environmental Conservation Climate Smart Communities Consolidated Funding Application grant to create an ongoing Transportation Demand Management program for the greater downtown Ithaca community. Carried Unanimously 8.6 An Ordinance to Release and Terminate the City’s Easement for the Limited Right-of-Way to Construct a Railroad Track West of Willow Avenue By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart WHEREAS, presently before Common Council is a proposal requesting that the City release its rights to an easement located immediately to the west of Willow Avenue, recorded by deed dated December 31, 1909, reserving for the City a 34 foot wide “…right-of-way for a railroad track along the west side of said 66 foot strip …,”; and WHEREAS, City Harbor, LLC, the property owner of 101 Pier Road, tax map parcel 17.- 1-1.2, has requested that the City release and terminate rights to such easement for the three Willow Avenue properties subject to the easement right-of-way, namely 101 Pier Road, 702 Willow Avenue, tax map parcel 16.-2-1.1, and 726-30 Willow Avenue, tax map parcel 17.-1-2; and WHEREAS, on some of these tax parcels, permanent structures have already been constructed within the easement area; and WHEREAS, the City has no interest in constructing a railroad track, and City staff are supportive of releasing the easement; and WHEREAS, in consideration for the City’s release of this easement of limited value to the City, City Harbor, LLC is supportive of paying $6,500, the valuation proposed by City staff for this transaction; and WHEREAS, on June 19, 2018, the Board of Public Works declared the easement surplus property for municipal purposes and recommended Council’s authorization of the release; and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize divestment of real property; and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore July 5, 2018 8 ORDINANCE 2018-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The above-described easement is surplus for municipal purposes. B. The easement is solely for the purpose of constructing and operating a railroad track, a use that the Common Council anticipates will never occur. C. The $6,500 valuation proposed by City staff and supported by City Harbor LLC is adequate consideration for release of the City’s interests in the right- of-way easement. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents necessary to effect the release of the above-described easement in exchange for $6,500 consideration paid to the City. Section 3. Severability clause. 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 4. Effective Date. This ordinance shall take effect immediately upon publication as provided in the City Charter. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Expansion of the Community Investment Incentive Tax Abatement Program (CIITAP) Boundaries and Mandatory Inclusion of Affordable Housing - Resolution By Alderperson Murtagh: Seconded by Alderperson Lewis 1. WHEREAS, On July 5, 2000, the Common Council unanimously requested that the Tompkins County Industrial Development Agency (“IDA”) undertake a program to provide financial incentives for development of multi-story buildings within a density target area encompassing the downtown Central Business District, the West State Street corridor, the West End, and Inlet Island, the program was in effect for 5 years and delivered incentives to 6 projects, and 2. WHEREAS, in 2006, the City endorsed the continuation of an IDA program of local tax abatements as a tool for encouraging appropriate real estate and business investment in the urban core of the city; and further requested the IDA establish the Community Investment Incentive Program (CIIP) ― through which, projects would be reviewed by the community and evaluated by Common Council, and (if endorsed by Common Council) proposed for recommendation by the Mayor to the IDA as eligible for tax abatements, and 3. WHEREAS, the CIIP program was in effect from 2006-2012 and delivered incentives to one project, and 4. WHEREAS, in 2012, the City voted to simplify the CIIP program, remove the checklist of requirements and created the Community Investment Incentive Tax Abatement Program (CIITAP) which provides financial incentives based on a size, a location, and a density requirement, and 5. WHEREAS, the CIITAP delivered incentives to 5 projects between 2012-2015, and 6. WHEREAS, in 2015 the City amended the CIITAP program to add living wage, local labor, and diversity requirements, and the amended CIITAP delivered incentives to two additional projects between 2016-2017, and July 5, 2018 9 7. WHEREAS, in November of 2015, the Planning and Economic Development Committee of the Common Council directed Planning Staff to begin working on a waterfront development plan as a part of phase two of the Comprehensive Plan, and 8. WHEREAS, in order to develop recommendations for the plan and for the zoning, the City established a waterfront working group made up of 17 members of the public and City Planning Staff, and 9. WHEREAS, the Waterfront Working Group drafted new zoning for the waterfront area that encouraged mixed commercial and residential development, and 10. WHEREAS, the Waterfront Working Group also recommended that the City consider expanding the boundaries of the CIITAP to include the waterfront area as an incentive to encourage new development in this area, and further recommended that the City consider adding an affordable housing requirement for any new residential projects, and 11. WHEREAS, staff has reviewed the recommendation to expand the boundaries of the CIITAP and prepared map of a proposed expanded City of Ithaca Density District to include appropriate locations in the waterfront area, and 12. WHEREAS, in order to partially offset the loss in potential revenues to a developer from providing affordable housing, staff further recommends that the CIITAP provide additional tax incentives for projects that include affordable housing, therefore, be it now 1. RESOLVED, that the City of Ithaca Common Council understands that the City’s Community Incentive Investment Tax Abatement Program continues to be a vital tool to encourage density in targeted development areas of the City, and be it further 2. RESOLVED, that the City hereby expands the Community Investment Incentive Tax Abatement Program to have a requirement that in order to receive City endorsement any project including 10 or more rental residential dwelling units must meet the following requirements:  Must have a minimum of 20% of their housing units be affordable to households earning up to 75% of the Area Median Income (AMI), calculated using the average AMI of the 3 most recent years.  The percentage of affordable units of various sizes should be the same percentage of units of each size for the entire project.  Developer must agree that affordable units will only be rented to households earning no more than 80% of AMI for at least a 30-year period.  Affordable Housing Units shall be mixed with, and not clustered together or segregated in any way from, market-rate units.  For projects that contain a phasing plan, the phasing plan shall provide for the development of Affordable Housing Units concurrently with the market-rate units. No phasing plan shall provide that the Affordable Housing Units are the last units built in an Affordable Housing Development.  The exterior appearance of Affordable Housing Units in an Affordable Housing Development shall be made similar to market- rate units by the provision of building materials and finishes substantially the same in type and quality.  The floor area of a typical Affordable Housing Unit in an Affordable Housing Development must be no less than 80% of the floor area July 5, 2018 10 of a typical market-rate unit of the same type. The bedroom mix for Affordable Housing Units must be comparable to the bedroom mix of market-rate units within the Affordable Housing Development, and, be it further 3. RESOLVED, That the City of Ithaca does hereby request the continuation of the IDA’s density incentive program and requests that the boundaries of the Density District be expanded to include the waterfront areas, as shown on the map entitled Expanded City of Ithaca Density District –April 2018, and be it further 4. RESOLVED, That the City requests that in order to partially offset the loss in revenue to a developer for providing affordable housing, the IDA provide additional abatements to residential projects containing affordable units, in the amount of an additional 30% abatement for a 30 year period (for the housing component of the project), unless it would reduce the existing tax base, and be it further 5. RESOLVED, That the CIITAP Review Committee, which consists of the Mayor, the Director of Planning and Development, and the Director of Community Development for the Ithaca Urban Renewal Agency, be given authority to consider endorsing projects for the CIITAP program that may have a higher percentage of units (40% or more) that are affordable to 90% of AMI. Alderperson Murtagh explained that this a recommendation to the Industrial Development Agency (IDA) as the City doesn’t grant tax abatements. Alderperson McGonigal asked about the 75% of Area Median Income(AMI) standard. Community Development Director Bohn explained that the HUD standard analysis was used for the core test of affordability: households shouldn’t spend more than 30% of their income for housing. The Area Median Income is established each year for the County by HUD based on a family of four persons. Discussion followed regarding the calculations used to develop affordable rents. Alderperson Brock requested a friendly amendment to the 4th bullet point in the second Resolved clause so it would read as follows:  “Affordable Housing Units shall be mixed with, and not clustered together or segregated in any way from, market-rate units.” No Council member objected. Tompkins County Assessor Jay Franklin answered questions from Council members regarding the process used in valuing projects that include 20% of affordable rental units pursuant to Section 581-A of the New York State Real Property Tax Law. Alderperson Brock asked if projects could be eligible for both Section 581-A and the CIITAP tax abatements. Tompkins County Assessor Jay Franklin stated that if the project met the 20% threshold for affordable units, it could be eligible for Section 581-A, and then the additional CIITAP abatement could be applied to the reduced value of the project. Amending Resolution: By Alderperson Brock: Seconded by Alderperson McGonigal RESOLVED, That the last bullet of the second Resolved be amended to read as follows:  “The floor area of a typical Affordable Housing Unit in an Affordable Housing Development must be no less than 80% 100% of the floor area of a typical market-rate unit of the same type.” Ayes (5) Brock, McGonigal, Nguyen, Gearhart, Smith Nays (4) Lewis, Mohlenhoff, Fleming, Murtagh Failed (6 affirmative votes required) July 5, 2018 11 Further discussion followed on the floor regarding adjusted property values and additional abatements for cases that qualify for Section 581-A of the Real Property Tax Law. Amending Resolution: By Alderperson Brock: Seconded by Alderperson Murtagh RESOLVED, That the fourth Resolved Clause be amended to read as follows: 4. “RESOLVED, That the City requests that in order to partially offset the loss in revenue to a developer for providing affordable housing, the IDA provide additional abatements to residential projects containing affordable units, in the amount of an additional 30% abatement on the full market value for the housing component of the project for a 30 year period, unless it would reduce the existing tax base, and, be it further” Carried Unanimously Amending Resolution By Alderperson McGonigal: Seconded by RESOLVED, That the first bullet under the second Resolved Clause be amended to read as follows:  “Must have a minimum of 20% 25% of their housing units be affordable to households earning up to 75% of the Area Median Income (AMI), calculated using the average AMI of the 3 most recent years.” Motion Failed for Lack of a Second Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Mohlenhoff, Lewis Nays (1) Brock Carried Alderperson Murtagh extended his thanks to Senior Planner Kusznir and Community Development Director Bohn noting that this legislation was very complicated and resulted in a lot of work. He further extended his appreciation to Theresa Alt for attending all of the meetings and encouraging Common Council to take this action. 9.2 Request for Authorization to Apply for New York State Consolidated Funding Grants for the City Harbor Promenade Project - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca Planning & Economic Development Division, in partnership with City Harbor LLC, would like to apply for two grants through the 2018 New York State Consolidated Funding Application (CFA) – the Department of State Local Waterfront Revitalization Program (LWRP), and the New York State Canal Corporation (Canal Corp) Grant Program – for the City Harbor Promenade Project on behalf of the City of Ithaca; and WHEREAS, City Harbor LLC has been developing plans to redevelop the former Johnson Boatyard site at 101 Pier Road into a waterfront neighborhood to include apartments, restaurant space, a medical office building for Guthrie Clinic, enhanced boating and marina functions, and a public promenade along Cascadilla Creek; and WHEREAS, the Ithaca waterfront is widely recognized as a valuable public asset, but currently there is insufficient public access to Cayuga Lake and the Inlet; and WHEREAS, this project will increase public access to the waterfront by creating a public promenade along Cascadilla Creek which will connect to the Cayuga Waterfront Trail, along with nine boating slips dedicated for public use and a public paddle craft launch; and WHEREAS, City Harbor LLC is pledging an easement to the City of Ithaca which will guarantee public access to the waterfront along the promenade; and July 5, 2018 12 WHEREAS, City Harbor LLC is pledging 100% of the required local matching funds towards the public amenities to be supported through these grants, requiring no investment of City funds to create these new public facilities; and WHEREAS, the grant funds would enable the City to partner with City Harbor LLC to increase access to the waterfront for all members of the public, which is a goal of the City’s Comprehensive Plan, Plan Ithaca; now, therefore be it RESOLVED, That the Director of the Planning, Building, Zoning and Economic Development Department is hereby authorized to file an application for funds in an amount not to exceed $900,000 through the LWRP Program and $150,000 through the Canal Corp for the City Harbor Promenade Project from the New York State CFA, and upon approval of said request the Mayor, upon the advice of the City Attorney, is hereby authorized to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the City Harbor Promenade Project; and, be it further RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms and conditions of Master Contracts with the appropriate State agencies for such City Harbor Promenade Project. Carried Unanimously 9.3 Support for the Downtown Ithaca Alliance’s Application for a 2018 New York Main Street Program Grant - Resolution By Alderperson Murtagh: Seconded by Alderperson Gearhart WHEREAS, the Downtown Ithaca Alliance (DIA) has requested the City’s formal support for its proposed 2018 application to the New York Main Street (NYMS) Program; and WHEREAS, the DIA has a strong record of success in applying for, securing, and administering four other NYMS grants in past years in partnership with the City; and WHEREAS, the DIA will be proposing a multi-building application that includes both housing and commercial units; will be designating a target area that includes the traditional downtown (the BID) plus the West State Street corridor; and has identified four projects in the proposed grant target area — a 12-unit housing project by Visum Development in the West State Street corridor, a commercial and housing project at 108 West State, and two commercial projects at the historic Clinton House and Boardman House; and WHEREAS, this collection of projects would be eligible for a grant totaling $322,500; and WHEREAS, these projects collectively represent a valuable opportunity to contribute to downtown revitalization in the City of Ithaca; and WHEREAS, if successful in receiving the grant, all matching requirements will be met by the private sector projects included in the application, administration of the grant will be the responsibility of the DIA, and therefore there is no further City obligation pertaining to this grant; and WHEREAS, The New York Main Street Program application process requires that the elected body of the local municipality adopt a resolution in support of the application prior to its submission on or before July 27, 2018; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby wholeheartedly supports the Downtown Ithaca Alliance’s 2018 grant application to the New York Main Street Program. Carried Unanimously July 5, 2018 13 CITY ADMINISTRATION COMMITTEE: 10.1 Department of Public Works (DPW) - A Resolution to Authorize a Transportation Alternatives Program (TAP) Application By Alderperson Mohlenhoff: Seconded by Alderperson Brock WHEREAS, the New York State Department of Transportation has noticed the availability of the federal Transportation Alternatives Program; and WHEREAS, in April 2014, the Board of Public Works considered four projects that would be eligible for such funding of which DPW has completed one (Cascadilla Creekway), is designing a second (Hector Street Complete Street), and is recommending the Black Diamond Trail bridge over the Flood Control Channel for the 2018 program, which is eligible for funding under Title 23 U.S. Code, as amended; and WHEREAS, a new pedestrian/bicycle bridge across the Flood Control Channel, approximately in line with Cecil A. Malone Drive, would significantly improve mobility for people walking between West Hill and the Southwest area as well as between the Southside neighborhoods and the Black Diamond and Cayuga Waterfront trails; and WHEREAS, this bridge is a portion of the Black Diamond Trail, as planned and approved by the New York State Department of Parks, Recreation, and Historic Preservation, on September 23, 2009; and WHEREAS, Common Council is interested in applying for a Transportation Alternatives Program grant in order to design and construct enhanced pedestrian and bicycle facilities in this area; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Alternatives Program, in an amount not to exceed $1,500,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for design, right-of-way acquisition, construction and construction inspection of a project as described above; and, be it further RESOLVED, That contingent upon award of the Transportation Alternatives Program funds, Common Council hereby authorizes the establishment of Capital Project #851 to pay, in the first instance, 100% of the federal and non-federal share of the cost of all work for the Project; and, be it further RESOLVED, That contingent upon award of the TAP funds, the sum not to exceed $1,500,000 is hereby appropriated from serial bonds and made available to cover the cost of participation in the above Project in the first instance; and, be it further RESOLVED, That the total project cost shall not exceed $1,500,000 with the understanding that the breakdown of funds to be approximately $1,200,000 in federal Transportation Enhancement Program funds, and $300,000 in City of Ithaca serial bond financing, to be administered by the Superintendent of Public Works; and, be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceed the amount appropriated above, the City of Ithaca Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works is hereby authorized to execute all certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the City of Ithaca with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and all Project costs that are not so eligible; and, be it further July 5, 2018 14 RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, That this Resolution shall take effect immediately. Carried Unanimously 10.2 Support for a New York State Consolidated Funding Grant Application and a Memorandum of Understanding with Historic Ithaca for the Continued Rehabilitation of the Cascadilla Boathouse - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Brock WHEREAS, Historic Ithaca would like to apply for a grant through the 2018 New York State Consolidated Funding Application (CFA) – Environmental Protection Fund: Parks, Preservation and Heritage Grant (EPF), for continued rehabilitation of the City-owned Cascadilla Boathouse; and WHEREAS, the Cascadilla Boathouse exterior rehabilitation is the next highest priority in the continued rehabilitation of the City owned buildings in Stewart Park that is eligible for an EPF grant for 75% of eligible project costs; and WHEREAS, Historic Ithaca has offered to apply for and administer the rehabilitation project on behalf of the City and with City oversight, assuming that the City would pay for the local share (25%) of the project costs; and WHEREAS, Historic Ithaca has requested that the City finance the costs of the project in the first instance with the understanding that 75% of the costs will be reimbursed; and WHEREAS, this investment will significantly extend the life of the building by completing a set of recommended repairs to the building envelope; now, therefore be it RESOLVED, Common Council hereby supports an application for funds in an amount not to exceed $500,000 through the EPF program from the New York State CFA, for the continued rehabilitation of the Cascadilla Boathouse; and, be it further RESOLVED, That contingent on award of EPF funds, the Mayor, upon the advice of the City Attorney, is hereby authorized to enter into and execute a Memorandum of Understanding with Historic Ithaca, Inc. to administer grant funds; and, be it further RESOLVED, That contingent on award of EPF funds, Common Council hereby amends Capital Project #789 Cascadilla Boathouse Renovations by an amount not to exceed $500,000 for a total project authorization of $575,290 with the understanding that these funds will be made available in the first instance for all phases of the project, and that upon completion of the project, Historic Ithaca will submit for reimbursement and return 75% of expended project funds to the City, so that the City’s share of the project will not exceed $125,000. Carried Unanimously 10.3 City Controller’s Report: Deputy City Controller Andrew reported on the following:  Departmental budgets are due August 1st  External Auditors are coming in 2 weeks – the City’s audits are nearly on schedule now  The final 2018 tax roll has been received – the taxable base has increased 7.69% which equals $1.8 million in additional tax revenue  The Controller’s Office is expecting the property tax cap calculations from New York State  2018 Assessments data: o Residential 41.8% ; Commercial 52.3% ; Exempt property 55.47%  1% tax rate change would equal approximately $250,000 July 5, 2018 15 2018 Activity:  Sales tax - 5.9% has been collected of the $14.1 million budgeted  Overtime - $550,000 has been spent of the $963,000 budgeted  Building Permits - $602,000 has been collected of the $705,000 budgeted  The CPI rate for the month of May is 2.8% and is 2.4% for the year to date  Fines – $424,000 has been collected of the $926,000 budgeted Questions followed regarding the Mayor’s budget guidelines. Mayor Myrick reported that he has requested Department Heads to submit departmental budgets with a 1.5% budget increase. MAYOR’S APPOINTMENTS: 14.1 Appointment to Examining Board of Plumbers – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Fleming RESOLVED, That Fred Schwartz be appointed to the Examining Board of Plumbers to fill a vacancy with a term to expire December 31, 2018, and, be it further Tompkins County Youth Services Board – Appointment of City Representative – Resolution RESOLVED, That Karlem Sivira Gimenez be appointed to the Tompkins County Youth Services Board, as the City of Ithaca representative, with a term to expire December 31, 2020, and, be it further Appointment to the Board of Public Works – Resolution RESOLVED, That Garrick Blalock be appointed to the Board of Public Works with a term to expire December 31, 2018. Carried Unanimously REPORT OF CITY ATTORNEY: Motion to Enter into Executive Session to Discuss Pending Litigation By Alderperson Smith: Seconded by Alderperson Fleming RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the June 6, 2018 Common Council Meeting Minutes – Resolution By Alderperson Nguyen: Seconded by Alderperson McGonigal RESOLVED, That the minutes of the June 6, 2018 Common Council meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor