HomeMy WebLinkAbout10-02-19 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, October 2,
2019, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing Regarding the Proposed Increased Assessment Roll, Budget,
and Schedule of Work for each Sidewalk Improvement District for Fiscal Year
2020
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Reports of Municipal Officials
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning, Building & Economic Development – Amendment to Personnel Roster
- Resolution
8.2 Youth Bureau – Amendment to Personnel Roster - Resolution
8.3 Youth Bureau –Amendment to 2019 Budget - Resolution
8.4 Finance – Approval of 2019-2020 Civil Service Agreement with the Ithaca City
School District - Resolution
8.5 Department of Public Works (DPW) - Amendment to Personnel Roster—Fleet
Manager - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325 entitled
“Zoning”; Section 8 entitled “District Regulations” to Amend all CBD Zoning
Districts
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Adoption of Ordinance
Common Council Meeting Agenda
October 2, 2019
Page 2
10. CITY ADMINISTRATION COMMITTEE:
10.1 Finance Department – Approval of 2018 City of Ithaca Single Audit - Resolution
10.2 A Local Law to Override the Tax Levy Limit Established in General Municipal Law
10.3 Agreement Between Cornell and the City for Construction of Expanded Thurston Avenue
Sewer Main – Resolution
10.4 An Ordinance to Amend Chapter 346 of the City of Ithaca Municipal Code entitled
“Vehicles and Traffic”
10.5 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13. MAYOR’S APPOINTMENTS:
14. REPORTS OF COMMON COUNCIL LIAISONS:
15. REPORT OF CITY CLERK:
16. REPORT OF CITY ATTORNEY:
17. MINUTES FROM PREVIOUS MEETINGS:
17.1 Approval of the July 3, 2019 Common Council Meeting Minutes – Resolution
17.2 Approval of the September 4, 2019 Common Council Meeting Minutes –
Resolution
17.3 Approval of the September 25, 2019 Common Council Special Meeting
Minutes – Resolution
18. NEW BUSINESS:
18.1 Presentation of the 2020 Mayor's Budget.
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the
meeting.
Out of consideration for the health of other individuals, please refrain from using
perfume/cologne and other scented personal care products at City of Ithaca meetings. Thank
you for your cooperation and understanding.
“This meeting can viewed via livestream on https://ithacany.viebit.com/”
______________________________
Dated: 9/26/19, Rev. 9/27/19 Julie Conley Holcomb City Clerk, CMC
Proposed 2020 Sidewalk Improvement Distric (SID)--INCREASED BUDGETDistrict12345 TOTALEstimated INCREASED 2020 SID Levy207,178$ 199,475$ 357,709$ 221,979$ 153,765$ 1,140,106$ Percentages18.2% 17.5% 31.4% 19.5% 13.5% 100%Admin & Supplies20,622$ 19,855$ 35,606$ 22,095$ 15,305$ 113,484$ Insurance2,907$ 2,799$ 5,020$ 3,115$ 2,158$ 16,000$ Subtotal - funding available183,649$ 176,820$ 317,084$ 196,768$ 136,302$ 1,010,623$ Capital Projects13,000$ 4,200$ 24,000$ 41,200$ Balance for 2020 work plan183,649$ 163,820$ 317,084$ 192,568$ 112,302$ 969,423$ Construction158,475$ 139,583$ 273,619$ 165,596$ 93,618$ 830,891$ Design-$ Construction Inspection/15,991$ 15,397$ 27,610$ 17,134$ 11,869$ 88,001$ Engineering TechnicianMiscellaneous9,182$ 8,841$ 15,854$ 9,838$ 6,815$ 50,531$ Concrete Lifting/Concrete Cuttingupdated 13 Aug 2019FYI NOT FOR VOTING PURPOSES
Proposed 2020 Sidewalk Improvement Distric (SID)--BASE BUDGETDistrict12345 TOTALEstimated 2020 SID Levy157,968$ 150,032$ 273,748$ 165,226$ 116,450$ 863,424$ Percentages18.3% 17.4% 31.7% 19.1% 13.5% 100%Admin & Supplies20,762$ 19,719$ 35,980$ 21,716$ 15,306$ 113,484$ Insurance2,927$ 2,780$ 5,073$ 3,062$ 2,158$ 16,000$ Subtotal - funding available134,278$ 127,532$ 232,695$ 140,448$ 98,987$ 733,940$ Capital Projects13,000$ 4,200$ 24,000$ 41,200$ Balance for 2020 work plan134,278$ 114,532$ 232,695$ 136,248$ 74,987$ 692,740$ Construction111,464$ 92,864$ 193,160$ 112,385$ 58,169$ 568,042$ Design-$ -$ -$ -$ -$ -$ Construction Inspection/16,100$ 15,291$ 27,901$ 16,840$ 11,869$ 88,001$ Engineering TechnicianMiscellaneous6,714$ 6,377$ 11,635$ 7,022$ 4,949$ 36,697$ Concrete Lifting/Concrete Cuttingupdated 13 Aug 2019FYI NOT FOR VOTING PURPOSES
2020 PROPOSED Sidewalk Work Plan and Budget
District One
Side of
Street
Estimated
SF cost Cost (5' wide)
Available
Budget
Construction
Curb Ramps: King & Queen St./ N. Aurora St. 210 22$
23,100$
300 Utica St.East 165 22$ 18,150$
1100 N. Cayuga St. West 160 22$
17,600$
600 Stewart Ave. West 450 22$
49,500$
985 TOTAL 108,350$ 111,464$
With Increased SID Assessments
All of the above + 108,350$
100 E. York St. North 350 22$
38,500$
100 E. York St.South 100 22$ 11,000$
1,435 TOTAL 157,850$ 158,475$
Contingency
Construction
100 Heights Court North 390 22$ 42,900$
100 Heights Court South 350 22$ 38,500$
500 N. Aurora St. West 340 22$ 37,400$
100 E. Lewis St. North 230 22$ 25,300$
100 E. Lewis St. South 200 22$ 22,000$
100 E. Yates St. North 230 22$ 25,300$
100 E. Yates St. South 170 22$ 18,700$
Design projects
210,100$
Future Collaboration with City Streets' Crews/Grant Money/Captial Projects
100 Thurston Ave. North 60,000$
900 Stewart Ave. West 65,000$
300 Fall Creek Dr. North 950 200,000$
City Block
Appr. Length of
sidewalk (linear
feet)
Total Contingency
FYI NOT FOR VOTING PURPOSES
2020 PROPOSED Sidewalk Work Plan and Budget
District Two
Side of
Street
Estimated
SF cost Cost (5' wide) Available Budget
Construction
100 Dryden Rd. North/South 200 22$ 22,000$
300 Eddy St. East/West 140 22$ 15,400$
100-300 College Ave. East/West 450 22$ 49,500$
790 TOTAL 86,900$ 92,864$
With Increased SID Assessments
All of the above + 86,900$
100 Ithaca Rd. North 165
22$ 18,150$
200 Cornell St. East/West 180
22$ 19,800$
500 Mitchell St. North 100
22$ 11,000$
TOTAL 135,850$ 139,583$
Design projects
Contingency
Construction
100 Linden Ave. West 550 22$ 60,500$
400 Dryden Rd. North 290 22$ 31,900$
200 Delaware Ave. West 400 22$ 44,000$
100 Delaware Ave. West 450 22$ 49,500$
Design projects
185,900$
Future Collaboration with City Streets' Crews/Grant Money/Captial Projects
1100 E. State St South 450 120,000$
400 Oak Ave North 900 244,000$
100-400 College Ave. Streetscape East/West 2400 264,000$
500-900 Giles St North 575 250,000$
City Block
Appr. Length of
sidewalk (linear
feet)
Total Contingency
FYI NOT FOR VOTING PURPOSES
2020 PROPOSED Sidewalk Work Plan and Budget
District Three
Side of
Street
Estimated
SF cost Cost (5' wide) Available Budget
Construction
100 Lake Ave. West 250 22$ 27,500$
100 E. Green St. (vault membrane repair) North 300 25$ 37,500$
600 W. Green St.North/South 350 22$ 38,500$
500 W. Green St.North/South 350 22$ 38,500$
200 S. Cayuga St.East 330 22$ 36,300$
100 S. Corn St.West 100 22$ 11,000$
1,680 TOTAL 189,300$ 193,160$
With Increased SID Assessments
All of the above +189,300$
300 W. Seneca St. North 300 22$ 33,000$
200 E. Buffalo St.South 300 22$ 33,000$
200 Monroe St.North 150 22$ 16,500$
2,430 TOTAL 271,800$ 273,619$
Design projects
Contingency
Construction
100 E. Seneca St.North 300 22$ 33,000$
500 W. Seneca St.North 300 22$ 33,000$
300 W. Buffalo St.South 400 22$ 44,000$
100 W. Buffalo St.North 150 22$ 16,500$
100 S. Plain St.East 200 22$ 22,000$
200 Center St. South 200 22$ 22,000$
100 E. Court St. North 300 22$ 33,000$
400 Madison St.North/South 460 22$ 50,600$
Total Contingency 221,100$
Future Collaboration with City Streets' Crews/Grant Money/Captial Projects
City Block
Appr. Length of
sidewalk (linear
feet)FYI NOT FOR VOTING PURPOSES
District FourSide of StreetEstimated SF costCost (5' wide) Available BudgetConstruction100 E. Spencer St. & Curb Ramps North/South 400 22$ 44,000$ 200 Cecil A Malone Dr. North/South 600 22$ 66,000$ 1,000TOTAL110,000$ 112,385$ With Increased SID AssessmentsAll of the above +110,000$ 100 Hawthorne Pl.North35022$ 38,500$ 300 Wood St. North 130 22$ 14,300$ TOTAL 162,800$ 165,596$ ContingencyConstruction100 Hillvew Pl South 400 22$ 44,000$ 300 Pleasant St. South 370 22$ 40,700$ 200 Columbia St South 385 22$ 42,350$ 500 S. Cayuga St. East 200 22$ 22,000$ 400 Turner Pl. East 250 22$ 27,500$ 132,550$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects400 Hillview Pl South 650 223,000$ 600-900S. Aurora StEast1650300,000$ 300 Spencer RdEast/West 2100400,000$ 100 Giles StSouth450360,000$ 200-300 Giles StEast1600300,000$ City BlockAppr. Length of sidewalk (linear feet)Total ContingencyFYI NOT FOR VOTING PURPOSES
2020 PROPOSED Sidewalk Work Plan and BudgetDistrict FiveSide of StreetEstimated SF costCost (5' wide)Available BudgetConstruction300 N. Meadow St. West 80 22$ 8,800$ 400 N. Meadow St. West6022$ 6,600$ 500 N. Meadow St. West6022$ 6,600$ 700 W. Court St. North5022$ 5,500$ 300 S. Meadow St. East15022$ 16,500$ TOTAL44,000$ 58,169$ With Increased SID AssessmentsAll of the above + 44,000$ 100-1100 Additional funding for Hector St Complete Street49,000$ TOTAL93,000$ 93,618$ ContingencyConstruction200 Cliff St. East 450 22$ 49,500$ 400 Chestnut St. West26022$ 28,600$ 200 Taughannock Blvd. West8022$ 8,800$ 500 Esty St. North8022$ 8,800$ 600 W. Buffalo St. North8022$ 8,800$ Design projects55,000$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100-1100Hector StNorth/East71501,700,000$ City BlockAppr. Length of sidewalk (linear feet)Total ContingencyFYI NOT FOR VOTING PURPOSES
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8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning, Building & Economic Development – Amendment to Personnel
Roster - Resolution
WHEREAS, the City of Ithaca’s Planning Division currently has one full-time Historic
Preservation Planner; and
WHEREAS, in 2018, Common Council approved an increase in hours from 35 to 40 for
the Historic Preservation Planner position beginning January 1, 2019; and
WHEREAS, also at that time, funding was approved for the change from Historic
Preservation Planner to Historic Preservation and Neighborhood Planner; and
WHEREAS, the Historic Preservation Planner is responsible for eight locally designated
historic districts, twenty four locally designated individual landmarks, and the Ithaca
Landmarks Preservation Commission; and
WHEREAS, the incumbent also attends neighborhood meetings, assists with
neighborhood public outreach efforts, researches and drafts sections of comprehensive
neighborhood and thematic plans, and attends neighborhood events; and
WHEREAS, the position of Historic Preservation and Neighborhood Planner better
reflects the actual work being done; and
WHEREAS, funding for this position was approved for 2019 and is expected to be
approved for 2020; now, therefore be it
RESOLVED, That Common Council hereby amends the 2019 authorized roster as
follows:
Add: One (1) Historic Preservation and Neighborhood Planner at 40 hours per week
Delete: One (1) Historic Preservation Planner at 40 hours per week
; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
the title of Historic Preservation and Neighborhood Planner 2 shall be established at
eight (8) hours per day, forty (40) hours per week.
1 | Page
TO: City Administration Committee of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: August 30, 2019
RE: Request to Amend Personnel Roster from Historic Preservation
Planner to Historic Preservation and Neighborhood Planner
In 2011, the Historic Preservation and Neighborhood Planner retired after 25 years of being
in that position. Due to budget cuts when this position became vacant, the hours were
reduced to 20 hours per week and the position was reclassified to Historic Preservation
Planner to justify the reduction in hours. Eventually the hours were increased to 35 hours
per week and last year the hours were increased to 40 hours per week . At that time, the
funding was approved for the Historic Preservation and Neighborhood Planner position to
beginning January 1, 2019.
Since that time, the Planning Department has lost one full time planner and is in the process
of filling that vacancy. However, the amount of work has not slowed down and all members
of the Planning Staff take on whatever tasks are needed. While the Historic Preservation
Planner is responsible for eight locally designated historic districts, twenty four locally
designated individual landmarks, and the Ithaca Landmarks Preservation Commission, the
incumbent also attends neighborhood meetings, assists with neighborhood public outreach
efforts, researches and drafts sections of comprehensive neighborhood and thematic plans,
and attends neighborhood events.
The position of Historic and Neighborhood Planner better reflects the actual work being
done and I would like to move forward with this change.
I would be happy to discuss this with you should you need more information or have
questions. Thank you for your consideration of this request.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING & DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
8.2 Youth Bureau – Amendment to Personnel Roster - Resolution
WHEREAS, the Youth Bureau recently had a longtime Youth Program Leader retire;
and
WHEREAS, an amendment to the 2019 Youth Bureau roster would enable the
department to find the best staffing pattern that will meet community needs, utilize staff
strengths, help support the vision, mission and goals of the organization, while
operating within budgets; now, therefore be it
RESOLVED, That the Personnel Roster of the Youth Bureau be amended effective
October 1, 2019, as follows:
Fund: One (1) Youth Program Leader (35 hours)
Increase: One (1) Recreation Program Assistant (40 hours)
Defund: One (1) Youth Program Leader (30 hours)
; and, be it further
RESOLVED, That funds for this roster amendment shall be derived from the existing
Youth Bureau budget.
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: 2019 Roster Amendment
Date: 9/18/19
The Youth Bureau is requesting permission to amend the 2019 personnel roster. On
September 6th a long time Youth Program Leader (30 hours) in YES resigned to pursue
her dream job in the elementary education. We are requesting to adjust our roster by
defunding the 30 hour Youth Program Leader position and funding the 35 hour Youth
Program Leader. We are also requesting to increase the one Recreation Program
Assistant from 35 hours to 40 hours.
Effective September 6, 2019,
Defund - one Youth Program Leader 30 hours savings $14,421
Effective October 1, 2019,
Fund one Youth Program Leader 35 hours additional cost $10,833
Effective October 1, 2019
Increase - one Recreation Program Assistant to 40 hours additional cost $1,299
This roster amendment does not require additional funds from the City and will allow us
to optimize our resources and personnel to provide quality services to residents, both
now and in the future.
8.3 Youth Bureau –Amendment to 2019 Budget - Resolution
WHEREAS, The summer Sailing Program increased its offerings to young people in the
community and experienced increased registration numbers; and
WHEREAS, the Ithaca Youth Bureau collected an additional $15,452 in fees for the
2019 summer sailing program now; therefore, be it
RESOLVED, That Common Council hereby amends the 2019 Youth Bureau Budget to
account for said increase as follows:
Increase Revenue Account:
A 7310-2001-1569 Sailing Camp $15,452
Increase Expense Account:
A 7310-5435-1569 Contracts $15,452
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, YB Director
Re: Request to amend Youth Bureau 2019 Budget
Date: 9/18/19
The Ithaca Youth Bureau offers a summer sailing program through Cornell
Sailing for youth in the community. This season the program saw increased
registration numbers and increased programming to support the interest. The
program exceeded our revenue and expense projections and we are requesting
an amendment to the 2019 Youth Bureau budget as follows:
Increase Revenue Account:
A 7310-2001-1569 Sailing Camp $15,452
AND,
Increase Expense Account:
A 7310-5435-1569 Contracts $9,862
8.4 Finance – Approval of 2019-2020 Civil Service Agreement with the Ithaca
City School District - Resolution
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters for the
period July 1, 2019 to June 30, 2020, in an amount of $61,375 payable to the City of
Ithaca on or before December 1, 2019.
AGREEMENT
THIS AGREEMENT made the day of , 2019, by and between the CITY OF
ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “City”,
party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal
corporation of the State of New York, hereinafter referred to as the “School District”, party of the
second part.
WITNESSETH:
WHEREAS, the Board of Education of the School District desires to enter into a contract
with the City for the performance by the City of certain services, to avoid duplication and
unnecessary expense, particularly services in connection with Civil Service matters on behalf of
the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law,
and
WHEREAS, the total number of classified Civil Service employees on the payrolls of the
City and the City School District for the final payroll period in December 2018 was 906, and
WHEREAS, the actual annual expenditures for the Civil Service Commission of the City
of Ithaca for the 2018 fiscal year of the City was $140,067;
NOW, THEREFORE, the parties hereto agree as follows:
1. That for the services rendered and to be rendered by the City for the School District
during the School District fiscal year, which is July 1, 2019 through June 30, 2020
the School District shall pay to the City a lump sum of $66,336, payable on or
before December 31, 2019.
2. In consideration of such payment, the City agrees:
(a) to furnish the School District the part-time services of the Civil Service
Commission of the City of Ithaca and the members of its staff, and the City
Clerk and the members of her staff; and
(b) to handle the records and perform any other necessary Civil Service services
relating to Board of Education employees in the classified service, including
examinations and tests when required.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their respective duly authorized officers as of the day and year first above written.
CITY OF ITHACA, NEW YORK
By: ________________________
Mayor
ATTEST:
________________________
City Clerk
CITY SCHOOL DISTRICT
CITY OF ITHACA, NEW YORK
By: ________________________
ATTEST:
________________________
School District Clerk
8.5 Department of Public Works (DPW) - Amendment to Personnel Roster—
Fleet Manager - Resolution
WHEREAS, the current Fleet Manager in the Streets and Facilities Division of the
Department of Public Works is anticipating retirement in the Spring of 2020; and
WHEREAS, the Fleet Manager is a highly specialized, key position in the Department of
Public Works, with significant recordkeeping, procurement, management, and
regulatory duties, such that a new hire would have a difficult time starting the position
without the benefit of training from the existing Fleet Manager; and
WHEREAS, a loss of continuity in the Fleet Manager position would significantly disrupt
operations related to the procurement, services, maintenance, and repair of City
vehicles and construction equipment; and
WHEREAS, the Department of Public Works has funds available in its 2019 budget, and
has requested funds in its 2020 budget, to overlap this position, allowing the new Fleet
Manager to work with the current Fleet Manager for up to 4 months to learn City-specific
aspects of the job; now, therefore be it
RESOLVED, That the personnel roster of the Department of Public Works be amended
as follows:
Add: One (1) Fleet Manager position;
; and, be it further
RESOLVED, That upon the retirement of the current Fleet Manager, the redundant
position shall be removed from the roster on the date of retirement; and, be it further
RESOLVED, That the redundant Fleet Manager position be funded through transfer of
funds from A5111-5115, which has three funded vacant positions that won’t be filled
until spring 2020.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E., Superintendent
Telephone: 607/274-6531 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
MEMORANDUM
Date: September 18, 2019
To: Common Council
From: Michael Thorne, Superintendent of Public Works
Subject: Redundant Fleet Manager Position
Dear Council Members
Our current Fleet Manager, Brian Carman, anticipates retiring in the Spring of 2020. This is a
highly specialized, key position for the Department of Public Works and the entire City,
involving extensive recordkeeping, regulatory, procurement, and management duties related to
the repair and maintenance of our City vehicles and construction equipment. In addition, Brian
has accumulated a wealth of institutional knowledge about the City’s needs, and has been
actively working toward the City’s Green initiatives. A new Fleet Manager will have a difficult
time coming up to speed without the benefit of training with Brian Carman for a few months. A
loss of continuity in the Fleet Manager position will be highly disruptive to City operations.
The Department of Public Works has funding that could be used to pay for a redundant Fleet
Manager position for several months. Ideally, we would like to start advertising this position in
early October, with the hope of hiring a qualified candidate in January 2020.
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325
entitled “Zoning”; Section 8 entitled “District Regulations” to Amend all CBD
Zoning Districts
A. Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed action is a Type 1 Action under the City Environmental
Quality Review Ordinance, §176-4 Type 1 Actions, B.7, “The adoption of zoning map
changes and changes in the allowable uses within any zoning district, affecting 2 or
more acres in the district”; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amend the Municipal Code
of the City Of Ithaca, Chapter 325, Entitled “Zoning” to Establish Minimum Story Heights
of 12 Feet Floor to Floor on the First Story and a Minimum 10 Feet Floor to Floor for
Each Subsequent Story in all CBD Zoning Districts; to Establish a Reduction in the
Maximum Allowable Height on the 300, 400, and 500 blocks of West State/MLK Street
in the existing CBD-60 Zoning District to 52 feet; and to Establish Stepback
Requirements for Properties on the, 300, 400, and 500 Blocks of West State/MLK
Street, City of Ithaca, City of Ithaca Tax Parcels 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13,
71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-
3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-
2-19, 71.-2-20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-
17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-
5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14,
71.-6-15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24,
71.-6-25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-
14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-
3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13,
72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
B. Determination of Environmental Significance – Resolution
WHEREAS, the Common Council of the City of Ithaca is considering an Ordinance to
amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” to
Establish Minimum Story Heights of 12 Feet Floor to Floor on the First Story and a
Minimum 10 Feet Floor to Floor for Each Subsequent Story in all CBD Zoning Districts;
to Establish a Reduction in the Maximum Allowable Height on the 300, 400, and 500
blocks of West State/MLK Street in the existing CBD-60 Zoning District to 52 feet; and
to Establish Stepback Requirements for Properties on the, 300, 400, and 500 Blocks of
West State/MLK Street, City of Ithaca, City of Ithaca Tax Parcels 71.-1-10, 71.-1-11,
71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-
19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14,
71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-
5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-
5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12,
71.-6-13, 71.-6-14, 71.-6-15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22,
71.-6-23, 71.-6-24, 71.-6-25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-
10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19,
72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-
3-9, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9; and
WHEREAS, the proposed action is a Type 1 Action under the City Environmental
Quality Review Ordinance, §176-4 Type 1 Actions, B.7, “The adoption of zoning map
changes and changes in the allowable uses within any zoning district, affecting two (2)
or more acres in the district”; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF) Part 1, dated May 22,
2019, and Part 2, dated May 23, 2019; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by Planning Staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, Part 1, dated May 22, 2019, and Part 2, dated May 23, 2019; and,
be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325
entitled “Zoning”; Section 8 entitled “District Regulations” to Amend all CBD
Zoning Districts
ORDINANCE NO. 2019-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby
amended as follows:
Section 1. Chapter 325, Section 325-8A, District Regulations Chart, be amended to add
minimum story heights in all CBD Zoning Districts, to read as follows:
“All new construction in the CBD Zoning Districts are required to have a minimum height
of 12 feet floor to floor on the first story and a minimum 10 feet floor to floor for each
subsequent story.”
Section 2. Chapter 325, Section 325-8A, District Regulations Chart, be amended to
increase the maximum allowable height in the existing CBD-60 Zoning District to 62
feet’, and to increase the maximum allowable height in the CBD-50 Zoning District to 52
feet. This is intended to allow for a 12 feet minimum height of the first story and a 10
feet minimum height of each subsequent story.
Section 3. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca,
entitled “Zoning Map” is hereby amended to change the zoning designation of the
following parcels, or some portion of these parcels, as shown on the attached map
entitled “Proposed West State Street Rezoning from CBD-60 to CBD-52 – May 23,
2019”, from CBD-60 to CBD-50: 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-
15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-
1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20,
71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18,
71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5,
71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-
15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-
25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14,
72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-
23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10,72.-4-13,
72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Section 4. The City of Ithaca Planning and Development Board, the City Clerk and the
Planning Department shall amend the zoning map and the district regulations chart in
accordance with the amendments made herewith.
Section 5. Chapter 325, Section 325-8D, Additional Restrictions in the CBD District, is
hereby amended to add a subsection (4) to read as follows:
325-8D.
4. In order to maintain the existing character and to preserve the pedestrian scale along
the street front, all new construction located in the portion of the newly created CBD-52
Zoning District directly fronting on the 300, 400, and 500 blocks of West State/MLK
Street that is over 4 stories in height must contain a stepback of 15 feet after the first 32
feet in height.
Section 6. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 7. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
S O U T H A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH A L B A N Y S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E TSOUTH G E N E V A S T R E E T
WEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATWEST MARTIN LUTHER KING JR/STATF A Y E T T E S T R E E TFAYETTE S T R E E TFAYETTE S T R E E TFAYETTE S T R E E TFAYETTE S T R E E TFAYETTE S T R E E TFAYETTE S T R E E TFAYETTE S T R E E TFAYETTE S T R E E T
WEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST BUFFALO STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST GREEN STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETWEST SENECA STREETS O U T H C O R N S T R E E TSOUTH C O R N S T R E E TSOUTH C O R N S T R E E TSOUTH C O R N S T R E E TSOUTH C O R N S T R E E TSOUTH C O R N S T R E E TSOUTH C O R N S T R E E TSOUTH C O R N S T R E E TSOUTH C O R N S T R E E T
S O U T H P L A I N S T R E E TSOUTH P L A I N S T R E E TSOUTH P L A I N S T R E E TSOUTH P L A I N S T R E E TSOUTH P L A I N S T R E E TSOUTH P L A I N S T R E E TSOUTH P L A I N S T R E E TSOUTH P L A I N S T R E E TSOUTH P L A I N S T R E E T
N O R T H C O R N S T R E E TNORTH C O R N S T R E E TNORTH C O R N S T R E E TNORTH C O R N S T R E E TNORTH C O R N S T R E E TNORTH C O R N S T R E E TNORTH C O R N S T R E E TNORTH C O R N S T R E E TNORTH C O R N S T R E E T
(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )(STATE R T E 3 4 /1 3 )STATE RTE 79(STATE ROUTE 96)CLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUECLEVELAND AVENUES O U TH FU LT O N S T R E E TSouthsideSouthsideSouthsideSouthsideSouthsideSouthsideSouthsideSouthsideSouthsideCommunityCommunityCommunityCommunityCommunityCommunityCommunityCommunityCommunityCenterCenterCenterCenterCenterCenterCenterCenterCenter500feet2500Proposed West State Street Re-Zoning From CBD-60 to CBD-50NY State Plane, Central GRS 80 DatumMap Source: City of Ithaca Zoning 2017 OrdinanceMap Prepared by: GIS Planning, City of Ithaca, NY, 23 May 2019.
10. CITY ADMINISTRATION COMMITTEE:
10.1 Finance Department – Approval of 2018 City of Ithaca Single Audit -
Resolution
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2018
through December 31, 2018, prepared by the accounting firm of Insero & Company
CPAs, LLP, be accepted to comply with all of the City’s applicable Government
Accounting Standards Board (GASB) Statement 34 and other related audit and single-
audit requirements.
10.2 A Local Law to Override the Tax Levy Limit Established in General
Municipal Law
Local Law No. 2019-
BE IT ENACTED by Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2020, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2020, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If a court of competent jurisdiction determines that any clause, sentence, paragraph,
subdivision, or part of this local law or application thereof to any person, firm or
corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment
shall not affect, impair or invalidate the remainder of this local law, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision, or part of this local law
or in its application to the person, individual, firm or corporation or circumstance, directly
involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
10.3 Agreement Between Cornell and the City for Construction of Expanded
Thurston Avenue Sewer Main - Resolution
WHEREAS, Cornell University has proposed a development project on its campus,
entitled the North Campus Residential Expansion (hereafter, “NCRE”), that seeks to
construct five new undergraduate student residence halls and related facilities; and
WHEREAS, the NCRE proposal will cause the waste loads passing through the
Thurston Avenue sewer main to exceed the recommended maximum flows for certain
segments of that main; and
WHEREAS, the NCRE therefore cannot be constructed until certain sections of that
main are replaced with larger-capacity pipe (“the Project”); and
WHEREAS, Cornell now seeks permission to contract out—at Cornell’s expense—the
Project, subject to appropriate City oversight; now, therefore be it
RESOLVED, That the Mayor, subject to the advice of the City Attorney, is authorized t o
execute a Memorandum of Understanding with Cornell substantially similar to the
Memorandum of Understanding included herewith.
1
Draft 05.17.19 SKE
Memorandum of Understanding
Between the City of Ithaca and Cornell University
Concerning
Certain Sewer Capacity Improvements to Thurston Avenue Sewer
“Northside Sanitary Sewer Interceptor”
This Memorandum of Understanding (“MOU”) is made as of the ______day
of ___________, 2019 by and between the City of Ithaca (“City”), a New York
municipal corporation of Ithaca City Hall, 108 East Green Street, Ithaca, NY 14850,
Attention: Superintendent of Public Works, and Cornell University (“Cornell”), a
New York education corporation of Suite 102 Humphreys Service Building, 659
Dryden Road, Ithaca, NY 14850, Attention: Paul Stemkoski, AIA; and
Whereas, the Thurston Avenue Sanitary Sewer “Northside Sanitary Sewer
Interceptor” (“NSSI”) is a public sanitary sewer running northwesterly beneath a
public City street, Thurston Avenue, from the South side of the Thurston Avenue
Bridge to Stewart Avenue and from there eventually connecting to the Ithaca
Waste Water Treatment Facility; and
Whereas, the NSSI is owned jointly by the City and the Town of Ithaca
(“Town”) and the cost of its maintenance and replacement is shared by them; and
Whereas, the NSSI is 54 years old and while it has experienced no adverse
operational or maintenance issues to date, portions of it are at or near capacity as
described in a Memorandum dated October 12, 2018 from Erik Whitney, PE,
Assistant Superintendent of Public Works (“Memorandum of October 12, 2018”)
and attached hereto as Exhibit A; and
2
Whereas, Cornell proposes to construct its approximately 2,000-bed North
Campus Residential Expansion Project (“NCRE”) and will need to connect it to the
NSSI, specifically, the NCRE will need to connect via one (1) of Cornell’s existing,
Cornell-owned and maintained, sanitary sewer lines, which joins NSSI at Manhole
#3 and another at the terminus of the Sisson branch “interceptor” which connects
to the NSSI at Manhole #6, as shown on the “Summary of Current and Future Sewer
Capacity Thurston Avenue Sewer” (“Whitney Summary”) attached to the
Memorandum of October 12, 2018; and
Whereas, on March 26, 2019, the City’s Planning and Development Board
granted preliminary site plan approval to the NCRE, a copy of which adopted
resolution (“Resolution”) is attached hereto as Exhibit B; and
Whereas, the Resolution conditioned the granting of future Final Site Plan
Approval in part on the execution of a Memorandum of Understanding between
the City and Cornell “to facilitate and fund a project to replace and upgrade the
Jointly Owned (City and Town of Ithaca) Thurston Avenue Sewer Interceptor, as
specified in the [Memorandum of October 12, 2018]” (the “Condition”); and
Whereas, the Parties acknowledge that the actual elevations, lengths and
diameters of the segments as contemporaneously verified in the field, are
necessary to determine with greatest accuracy which segments would be above
80% of capacity at Design Flows if flows from the NCRE project were added and
how to remedy deficiencies; and
Whereas, the actual elevations and other data from field measurements
have been compiled by an independent contractor, T. G. Miller P.C. – Engineers and
Surveyors, Frank Santelli, P. E., at Cornell’s expense and are described in the table
“CU North Campus Housing, City-Town Northside Sanitary Sewer Interceptor”
3
dated March 12, 2019 (“Table”), attached hereto as Exhibit C and graphs “Pre and
Post Interceptor Capacity Comparison” (“Graphs”), attached hereto as Exhibit D
and
Whereas, based on the data compiled in the Table, the segments designated
5-6, 6-7, either 7-meter station or 5-meter station; 8-9; 13--16; and 23-24 require
replacement with larger-sized sewer pipes of not less than eighteen inches in
diameter and associated connections and equipment (the “Work”) in order for
NCRE to connect, via Cornell-owned sewer lines, to NSSI; and
Whereas, Cornell requests permission to perform the Work at its own cost
and expense as a condition pre-requisite to connecting the NCRE project, via
Cornell-owned sewer lines, to NSSI; and
Whereas, the City has determined that it is in the interest of public health,
safety and welfare for the City to allow the Work to be performed by Cornell at
Cornell’s cost and expense, subject to the City’s inspection and acceptance; and
Whereas, Cornell is willing to perform the Work and deliver the finished and
accepted Work to the City (and beneficial ownership thereto also to the Town) on
certain terms and conditions, and the City is willing to accept the Work on those
terms and conditions, on its own behalf and on behalf of the Town, as hereinafter
set forth.
NOW THEREFORE, the Parties agree as follows:
1. The scope of the Work (“Scope of Work” or sometimes “Work”)
shall consist of tasks and components associated with the removal and
replacement—not via abandonment—of the existing sewer piping and manholes
identified as lacking sufficient reserve capacity, to wit, segments 5-6, 6-7, either 7-
meter station or 5-meter station; 8-9, 13-16; and 23-24. The size of replacement
4
sewer mains shall be increased as determined by engineering design calculations,
but in no event less than eighteen inches in diameter. The Work includes but is not
limited to short term road lane closures along Thurston Avenue, excavation and
backfill in accordance with engineered design details, pipe replacement with PVC
piping, replacement of all currently-connected laterals to adjacent properties up to
the limits of the street right of way, all relocations or replacements to City
satisfaction of other utilities necessary either to replacing the specified sewer
mains or to any associated aspects of the Work, pavement restoration and striping,
and lawn restorations where disturbed.
2. Cornell shall bear the costs and expenses and those of its
contractors, for the design and construction of the Work. Cornell shall perform or
cause the performance of the Work in a good and workmanlike manner. Cornell
shall administer the Work; oversee design; acquire all municipal or other required
permits (if any); oversee bidding; contract for and oversee construction; and
provide construction inspection services. Cornell shall obtain the City’s advance
written approval of the plans and specifications of the Work and any material
change orders to the Work. Cornell shall communicate with and keep the City
regularly informed of progress of the Work through their respective
representatives named in Paragraph 8 (collectively “MOU Administration”).
3. If requested by Cornell, and thereafter approved by the City in
its reasoned discretion, the City shall acquire any necessary construction or
permanent easements from third-parties in a timely fashion. The reasonable
expense of acquiring any easements including payment made to third parties for
easements shall be reimbursed to the City by Cornell within thirty (30) days of
presentation of the invoice by the City.
5
4. The City shall approve Cornell’s plans, specifications, and cost
estimates for the Project, including the location of any proposed construction or
permanent easement over third-party land, at each phase of the Work’s design
including schematic design, design development, and construction documents
prior to Cornell’s advertisement for construction bids. The City agrees to review
documents provided by Cornell in a timely fashion but in any event not less than
twenty (20) business days after their presentation to the City. If the City fails to
provide a response within that time, the documents shall be deemed accepted by
the City. The City shall inspect the Work (in any instance that it elects to inspect)
within five (5) business days of notice from Cornell or its contractor that a given
stage or component is or will be ready for inspection. The City shall not
unreasonably withhold or delay approval of the design documents or construction
documents, or the Work. The City shall bear its own costs and expenses of review,
approval, and inspection, including that of any contractors engaged solely by the
City and that of its staff on reviews and inspections for performing this and or
related obligation herein. However, the Parties agree to reduce time, effort and
duplication of services by selecting mutually agreeable contractors, to be
compensated solely by Cornell, for such services as independent, certified
inspections and testing.
5. Cornell agrees to perform the Work or cause the Work to be
performed in a manner that reduces inconvenience to the public to the extent
practicable and provide advance public advisories of the date and time of road
closures and detours, if any. One-lane or short intermittent closure for maneuvers
during the construction day will not require advance public advisories. Subject to
obtaining all required permits and approvals, Cornell agrees to schedule
6
construction of the Work to begin tentatively in the Summer of 2020 or Summer of
2021 and be completed prior to the expected completion of the Sophomore Site of
the NCRE and to complete the Work, schedule commissioning and inspection and
otherwise satisfy the City and obtain its acceptance of the completed Work not
later than thirty (30) days prior to scheduled completion of NCRE Sophomore Site
(the Sophomore Site is scheduled to be completed approximately a year before
First-Year-Student Site of NCRE), and to have road and sidewalk pavement
substantially repaired where it was disturbed due to the Work and reopened to
vehicular and pedestrian traffic in both directions not later than thirty (30) days
prior to scheduled completion of NCRE First-Year-Student Site (“Schedule of
Work”). Cornell shall provide an updated, tentative Schedule of Work not later
than March 15 of the year in which it plans to perform the Work. The parties
acknowledge that if construction of NCRE is delayed or stayed by operation of law
or court order, or other Force Majeure as hereinafter defined, and if
commencement of physical alteration of any kind constituting the Work has not as
of that time yet commenced, the Schedule of Work may be adjusted
commensurately by Cornell, including adjusting for any reason, the completion of
the Work to thirty (30) days prior to the completion of the First-Year-Student Site.
Cornell agrees to ensure that total construction duration of all aspects of the Work,
including restoration, shall in no event, other than force majeure, exceed two
consecutive months. Cornell further agrees to make a good faith effort to schedule
the Work so as to coincide with any road closures necessary to the Thurston Ave.
Transportation Improvements (to be governed by separate MOU between the
parties). Cornell shall provide an updated written Schedule of Work to the City as
reasonably requested from time to time.
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6. Cornell agrees that it shall include in all bid solicitations and bid
and contract documents the requirement that the successful bidder contractors
and their subcontractors shall comply with the agreement between Cornell and the
Tompkins-Cortland Counties Building Trades Council, Maintenance Division , July 1,
2015 through June 30, 2020 (and any extension or successor agreements) and carry
insurance policies that name the City as an additional insured and provide proof of
the latter to the City before the commencement of physical alteration of any kind
constituting the Work. The City agrees to submit to Cornell a schedule of the
required types and amounts of insurance and bonding normally specified by the
City for the City’s protection under similar contracts and circumstances and Cornell
shall require its contractor to obtain the same..
7. Cornell shall not make any material change or reduction in the
Scope of Work from that agreed to at each stage of Work pursuant to Paragraphs
“1” without the express written consent of the City, except as otherwise provided
herein. Except as provided in Paragraphs “1”, Cornell shall not be responsible to
correct other pre-existing conditions, latent defects or other existing natural or
human-made conditions (including but not limited to broken pipes in a segment
not being replaced, title problems, or flat slopes) (collectively “Defect(s)”) other
than those described for correction by the Scope of Work. However, Cornell shall
provide reasonable adjustments to the schedule and methods of the Work so as to
accommodate and minimize the cost of such corrections to any Defect(s) as the
City may choose to make, in its sole discretion and at its sole expense. If any Defects
not already reasonably known to both Parties are discovered by either Party
hereafter that may materially interfere with the Work, they will be immediately
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brought to the attention of the other Party for discussion and resolution of a means
for addressing the Defect in an expeditious manner.
8. Periodic communications for normal MOU Administration and
other obligations discussed in the foregoing paragraphs, such as discussions,
consultations, reviews, and inspections shall be conducted by the Parties’ respective
representatives (“Representatives”) by emails, exchange of documents, site visits,
and telephone calls. These communications will not normally be treated as requiring
the notices described in Paragraph 9. A Party’s Representative may designate in
writing a different or additional person to be that Party’s Representative(s) for MOU
Administration. The Parties respective Representatives are:
For the City:
____Erik Whitney_________________________________(name)
_____________________________________(title)
_____________________________________(street address)
_____________________________________(email)
_____________________________________(cell phone number)
For Cornell:
Paul Stemkoski, AIA
Director of Project Management
Facilities and Campus Services
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Humphreys Service Building, Suite 102
659 Dryden Road
Ithaca, NY 14853
607-255-2251
ps522@cornell.edu
9. The Parties agree to attempt in good faith through their
Representatives to resolve any dispute, claim or controversy arising out of the Work
or relating to this MOU through prompt, diligent, and candid communication and
good faith negotiation. However, in the event that any serious dissatisfaction or
unresolved dispute arises that threatens the timely completion of the Work or
smooth MOU Administration, then either Party may give notice to the other stating
that it invokes this Paragraph 9 and describing the basis for the serious
dissatisfaction or dispute and its position on the matter in detail (“Notice”). This
and any other Notice shall be given in the manner described in Paragraph 10. Upon
the giving and receipt of such Notice, the Parties agree to refer the matter to their
respective senior executives (“Senior Executive”). The Senior Executive of each
Party shall be different from, and a supervisor of, the Representative(s) of the Party.
The Senior Executives shall meet as soon as possible with each other, but in any
event within 5 business days, and preferably in person, to discuss and resolve the
matter in the shortest amount of time practicable. This paragraph does not impose
upon either party any obligation beyond that already agreed upon pursuant to this
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MOU; rather it acknowledges the Parties’ good faith commitment to find a solution
that is fair and beneficial to both Parties and guides the Work and this MOU to a
successful, timely conclusion. Nothing herein shall, following a good faith attempt
by the Senior Executives to resolve the matter, limit or foreclose the rights and
remedies available to either Party for the enforcement of this MOU.
10. Any Notice given by one Party to the other Party shall be written
and conveyed by U.S. Mail, email (valid upon acknowledgement by responding
email) or personal delivery to the persons designated below (with copy to the
attorney for the Party). In case of emergency, a telephone call, text, or email to the
Senior Executive designated by the other Party may be made and thereafter
confirmed with written communication following the procedure for Notices.
Notice to City:
Office of the City Clerk
Ithaca City Hall
108 East Green Street
Ithaca, New York 14850
with a copy of Notice to the Office of the City Attorney:
Notice to Cornell:
Rick Burgess
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Vice President for Facilities and Campus Services
308 Day Hall
______ East Avenue
Cornell University
Ithaca, New York 14853
607-255-______
ffb7@cornell.edu
with a copy of Notice to the University Counsel:
Office of University Counsel, Attention Jared Pittman
300 CCC Building
235 Garden Avenue
Ithaca, NY 14853
jared.pittman@cornell.edu
607-255-5124
11. The parties shall work cooperatively toward the final inspection,
testing, and commissioning of the Work (collectively “Completion of the Work”).
Within thirty (30) days of Cornell’s notifying the City of the Completion of the Work,
the City shall accept the Work and ownership of the Work (collectively
“Acceptance”) or provide written Notice stating in detail why the Work is not ready
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for Acceptance and stating the reasonable requirements for earning Acceptance.
Cornell shall either take steps to satisfy the requirements or, if it believes the steps
are not reasonable, refer the Notice to the Parties’ Senior Executives for resolution.
Upon Acceptance, Cornell shall assign any and all of its agents’ and contractors’
contractual warranties and guarantees for the Work that are assignable, to the City.
12.
a. To the extent permitted by law, Cornell agrees that it shall hold the City
and its employees, officers, and agents harmless from and against any and all claims,
demands, actions, suits, liabilities, damages, costs, or judgments including those by
or in favor of third parties, that may be connected to, arise out of, or result in whole
or in part from Cornell’s performance of the Work (specifically including but not
limited to the acts, errors or omissions of Cornell’s consultants, contractors, or
agents) prior to the completion of such work and the City’s Acceptance of same and
not caused by the action or negligence of the City or its employees, officers, or
agents. The aforesaid responsibility shall also include reasonable attorney’s fees and
costs.Notwithstanding the City’s approval of the plans, specifications, and estimates
for the Work, or any changes to any of them, the City shall not be liable for structural
defects in or failures due to design or failure of materials or method of construction
or control over the Work site or for any injury (including death), damage, cost or
expense or for any consequence of any of them prior to the City’s Acceptance of the
Work. To the extent permitted by law, Cornell agrees that it shall hold the City and
its employees, officers, and agents harmless for structural defects or failures due to
design or failure of materials or method of construction or control over the Work
site or for any injury (including death), damage, cost or extra expense or for any
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consequence of any of them that arises prior to the City’s Acceptance of the Work
and not caused by the action or negligence of the City or its employees, officers, or
agents.
13. Following Acceptance of the Work, the City shall bear the same
responsibility over the Work and its condition, use, and operation or subsequent
maintenance or repair as fully as if the Work had been performed by the City from
its initiation. To the extent permitted by law, the City agrees that it shall be
responsible for the Work and liable for structural defects in or failures due to design,
or failure of materials or method of construction of the Work or for any injury
(including death), damage, cost or expense or for any consequence of any of them
from and after its Acceptance of the Work. To the extent permitted by law, the City
agrees to defend, indemnify and hold harmless Cornell, its employees and agents
(with the exception of Cornell’s agents and contractors whose contractual
warranties and guarantees for the Work were assignable and assigned to the City
by Cornell), from claims, actions, suits, demands, damages, liabilities, obligations,
losses, settlements, judgments, costs, expenses and penalties (including without
limitation reasonable attorney’s fees and costs) by or in favor of third parties on
account of such defects in or failure of design, structure or materials of the Work
from and after the City’s Acceptance of the Work. Notwithstanding the preceding,
in no event shall the City be required to defend, hold harmless, or indemnify Cornell
or any other party from or for any suits, actions, damages, liability, or expense
which, had it been asserted against the City directly, would not have necessitated
the City either to defend on the merits or to incur the resulting liability under
applicable law (including but not limited to, prior written notice or qualified
immunity.)
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14. The Parties agree and stipulate that this MOU amends and
satisfies the Memorandum of October 12, 2018. The Par ties advise the City’s
Planning and Development Board that insofar as the City (as Party herein) is
concerned, this MOU satisfies the Condition set forth in the Resolution.
15. Cornell may elect to cancel the performance of this MOU if it
decides or is forced to not build the NCRE or to reduce substantially the size of the
NCRE. If Cornell decides or is forced to delay the construction of the NCRE, Cornell
may elect to delay the performance of this MOU by no more than said NCRE project
delay (as measured from an anticipated start date of ____, 2019), and in any event
by no more than five (5) years, provided the Work is completed and accepted prior
to the scheduled completion of the NCRE.
16. If either Party brings a suit or cause of action against the other,
it shall be brought and tried in Supreme Court of New York held in and for Tompkins
County, NY.
17. This agreement is subject to the Laws of New York.
18. Should any provision or portion of a provision of this MOU be
deemed contrary to law or unenforceable or against public policy, the remainder
of this MOU shall be reformed to the extent necessary to give effect and meaning
to the balance of the MOU and all its remaining provisions shall survive and remain
in full force and effect.
19. Nothing herein is intended or shall be construed to confer on
any person or entity other than the Parties any benefits, rights or remedies under
or by reason of this MOU.
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20. The performance of some or all the obligations of this MOU may
be delayed or excused due to the existence of conditions outside of the control of
the Parties including, but limited to, natural disasters, labor strikes and other
unrest, unusually severe or prolonged weather conditions, or war or acts of
terrorism (collectively “Force Majeure”). The performance or delay may be
excused for as long as the Force Majeure persists together with a reasonabl y
necessary delay for mobilization after the Force Majeure ceases, for performance
to become practicable. If either Party believes that a Force Majeure exists, it shall
immediately provide Notice to the other Party describing the Force Majeure and
the manner in which it delays or excuses performance.
21. The Town of Ithaca is not a Party but has acknowleged its assent
to this MOU as a beneficial owner, jointly with the City, of the NSSI .
22. This MOU may be executed in counterparts, each of which shall
be a duplicate original and together constitute one agreement.
23. This MOU contains all the terms, prior understandings,
representations and agreements between the Parties and may not be modified
orally or in any other manner except by written agreement specifically referring to
this MOU and signed by the Parties.
IN WITNESS WHEREOF, the Parties have caused this MOU to b e signed on
the day and year indicated following each signature.
For: The City of Ithaca
By:__________________________ Dated:_____________________
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Title:_________________________
For: Cornell University
By:__________________________ Dated:_____________________
Title:_________________________
For Purposes of Indicating Its Assent Only, The Town of Ithaca
By:__________________________ Dated:_____________________
Title:_________________________
10.4 An Ordinance to Amend Chapter 346 of the City of Ithaca Municipal Code
entitled “Vehicles and Traffic”
ORDINANCE NO. 2019-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 346 of the City of Ithaca Municipal Code, entitled “Vehicles and Traffic” be
amended as follows:
Section 1.
Section 346-26 entitled “Overnight Parking” is hereby amended to read as follows:
§346-26 Overnight parking.
Effective November 1 through April 1 of each year, no vehicle shall be parked between
7 p.m. and 6 a.m. on the odd-numbered side of a City street on even-numbered
calendar days, nor on the even-numbered side of a City street on odd-numbered
calendar days,[ no person shall park a vehicle between 2:00 a.m. and 6:00 a.m. on the
odd-numbered side of all City streets on the odd-numbered days of the calendar month,
and on the even-numbered side of all City streets on the even-numbered days of the
calendar month, ] except for streets or parts thereof described in Schedule XIX of the
traffic regulations of the Board of Public Works, attached to and made a part of this
chapter. For the purpose of this section, a night shall be deemed even-numbered if that
portion thereof prior to midnight was part of an even-numbered day and odd-numbered
if that portion thereof prior to midnight was part of an odd-numbered day. This section
shall not apply to the streets repealed under §§346-27 and 346-28 below.
Section 2. 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 3. Effective date.
This ordinance shall take effect immediately upon publication as provided in the City
Charter.