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HomeMy WebLinkAboutMN-CC-2021-08-04COMMON COUNCIL Voting Record Date: Wednesday August 4th 2021 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: 10:30 P.M. YouTube Link: https://www.youtube.com/watch?v=xzx9Dx9p9dw&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=47 Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused Mayor- Svante Myrick X 1st Ward – Cynthia Brock X 1st Ward – George McGonigal X 2nd Ward – Joseph (Seph) Murtagh X 2nd Ward - Ducson Nguyen X 3rd Ward – Donna Fleming X 3rd Ward – Rob Gearhart X 4th Ward – Graham Kerslick X 4th Ward - Stephen James Smith X 5th Ward – Debroah Mohlenhoff X 5th Ward – Laura Lewis X Total voting members for this meeting 10 Agenda Item: 1.1 Additions To or Deletions from the Agenda YouTube Timestamp: 9:58 Discussion Summary: Meeting Called to Order. Some adjustments made to the order in which Agenda Items will be looked at. Mayor Svante Myrick wants to start with Reports from Municipal Officials then, Special Presentation Before Council. Executive Session being held until the end of the meeting to avoid confusing the public. PEDC Agenda Item 5.7 will be after Consent Agenda. Consent Agenda item 3.2 is being added back to CA Committee agenda item as new item 4.1. Special Resolutions to be read by Council. Agenda Item: 1.4 Reports of Municipal Officials YouTube Timestamp: 14:44 Discussion Summary: Brief update given by Rod Howe on Sustainable Tompkins, Inlet Valley, Ithaca Landmark Preservation Commission, American Rescue Plan funds; The Town received 1.6 Million Dollars to be used on water and sewer infrastructure projects, Short-term rentals; draft policy expected to Town Board by September. Briefly reported on 5G, the New Neighborhood Code has been passed and moving forward on new projects on areas on South Hill, West Hill, and East Hill, the major focus being on South Hill. Agenda Item: 1.3 Special Presentations Before Council- Bike Share Update and Potential Service YouTube Timestamp: 21:46 Discussion Summary: Report given after Municipal Officials. Presented by Executive Director of the Center for Community Transportation, Jennifer Dotson and Bike Walk Tompkins Transportation Planner Hector Chang. Slide Presentation given by Hector Chang highlighted 1 in 4 Ithacans used Lime Bikes, there were 177 Thousand rides within two years (2019-2021), 28% replaced personal car use, 24% replaced taxi/uber rides. Discussions continued with questions and comments from Council Agenda Item: 2.1 Petitions and Hearings of Persons Before Council YouTube Timestamp: 51:03 Faye Gougakis- Lime Bikes Ms Nevine Abbott- Various topics Genevieve Rand - Good Cause Eviction Bill Jorge DeFendini- Good Cause Evictions Zachary Winn- Reimagining Public Safety/ Right To Renew Law Agenda Item: 1.2 Proclamations/Awards YouTube Timestamp: 1:09:54 Moved By: Joseph Murtagh Seconded by: Graham Kerslick Discussion Summary: Presented after Public Comments. Resolution read by Joseph Seph Murtagh Celebrating the life of Donald J Slattery; Flags to be held at ½ mast for 1 week in recognition of his significant contributions to the City of Ithaca and Tompkins County. (Agenda Item 6.1) Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item: 1.2(b) Proclamations/Awards YouTube Timestamp: 1:12:48 Moved By: Ducson Nguyen Seconded by: Cynthia Brock Discussion Summary: Resolution read by Ducson Nguyen celebrating the life of Audrey Cooper for her inviolable impact on the City of Ithaca and Tompkins County Community. Mayor Svante thanked Alderperson Nguyen for the moving tribute. Discussion continued with thoughts of appreciation and fond memories of working with Audrey Cooper. Mayor Myrick acknowledged the passing of Todd Peterson. (Agenda Item 6.2) Vote Passed 10-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item: 2.2 Privilege of the Floor YouTube Timestamp: 1:21:16 Discussion Summary: Slide Show presentation given by Ducson Nguyen on Reimaging Public Safety City of Ithaca Working Group Update. Duscon recognized Eric Rosario and Karen Yearwood as Leads. Discussions continued with questions and comments from Council. George McGonigal acknowledged the tragic accident and passing of 14Yr Old Sophia Nickerson and her family. Consent Agenda Items Agenda Item: 3.1 Amendment to the Youth Bureau 2021 Roster Agenda Item 3.2 A Resolution Authorizing Implementation and Funding for the Cayuga Waterfront Revitalization Project (Moved to CA Agenda as New Agenda Item New 4.1) Agenda Item 3.3 Resolution to Authorize NYSEG Easement YouTube Timestamp: 1:39:52 Discussion Summary: Motion to Approve: Stephen Smith Seconded By: Ducson Nguyen Vote Pass: 10-0 Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item: 5.7 A Resolution to Authorize the Conveyance of the Northside Apartments, Overlook Terrace, and the Southview Gardens Public Housing Projects by the Ithaca Housing Authority to Ithaca No Housing Development Fund Company In (PEDC Agenda Item5.7 Will Be After Consent Agenda see Discussion 1.1) YouTube Timestamp: 1:40:09 Discussion Summary: Resolution read by Joseph (Seph) Murtagh. Representatives from Ithaca Housing Authority present to take questions and comments from Council. Ducson asked to go over the relocation plan for existing residents. Motion to Approve: Joseph (Seph) Murtagh Seconded by: Cynthia Brock Vote Passed 10-0 Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item (New) 4.1 A Resolution Authorizing Implementation and Funding in the First Instance 100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds Therefore (CA Agenda 3.2 A Resolution Authorizing Implementation and Funding for the Cayuga Waterfront Revitalization Project) YouTube Timestamp: 1:51:08 Discussion Summary: Resolution read by Deborah Mohlenhoff; brief summary from Deborah M. Tim Logue in attendance to answer questions and comments from Council about the funding, design and scope of the project. Discussion continued with City Controller Steve Thayer responding to questions and comments from Council regarding funding. Motion to Approve: Deborah Mohlenhoff Seconded by: Graham Kerslick Vote Passed 10-0 Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item (New) 4.2 2021 Room Tax Budget – Establishing New Revenue and Expenditure Accounts in the 2021 Budget YouTube Timestamp: 2:02:18 Discussion Summary: Resolution read by Deborah M. Deborah M explained this is the administrative side of what has already been voted on. Thought it to be helpful to have everyone understand this is just the next step in the process of establishing the Room Tax Revenue for the Conference Center. Discussions continued with brief questions and comments from Council. The Remainder of CA has been moved to the end of the meeting. Next is the Report from the Controller ( Agenda Item 4.6) Motion to Approve: Deborah Mohlenhoff Seconded by: Graham Kerslick Vote Passed 10-0 Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item: 4.6 Report from City Controller YouTube Timestamp: 2:06:53 Discussion Summary: Steve Thayer reports 2022 Budget is the main focus. Budget meetings being scheduled with the Mayor starting in Mid-August and going through Early September. Recommendations on Capital Projects coming soon. Lots of Budget Development is currently occurring. Reported on 2021 Sales Tax Collection and 2021 Budget. Discussions continued with brief questions and comments from Council. Agenda Item 5.1 4th Amendment to HUD Entitlement Citizen Participation Plan - COVID-19 Amendment YouTube Timestamp: 2:13:20 Discussion Summary: No Questions or Comments from Council Move to Approve: Joseph (Seth) Murtagh Seconded By: Laura Lewis Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item 5.2 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA - Declaration of Lead Agency YouTube Timestamp: 2:15:32 Discussion Summary: No Discussion. Move to Approve: Joseph Murtagh Seconded By: Laura Lewis Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item 5.3 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA - Environmental Review YouTube Timestamp: 2:16:07 Discussion Summary: No Discussion Motion to Approve: Joseph Murtagh Seconded By: Stephen Smith Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item 5.4 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA - Action YouTube Timestamp: 2:16:51 Discussion Summary: Seph Murtagh pointed out there is a lengthy description of project included in the agenda package. Project is in its early stages and still has to go through negotiations. Moving forward with this action is choosing preferred developer. Discussions continued with questions and comments from Council regarding plan details and designs. Cynthia Brock motioned to amend resolution by adding 4th Bullet Point to incorporate A Commitment by developers to include ground floor active use and maintain a proposed number of affordable housing units. Nels agreed IURA needs to develop a project that will gain the majority support of Common Council. CC’s recommendation will be received strongly by IURA. Cynthia Brock Motion to Amend Resolution YouTube Timestamp: 2:47:21 Discussion: No Discussion Seconded By: Ducson Nguyen Vote Pass: 6-4 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Motion to Approve: Joseph Murtagh Seconded By: Steve Smith Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item 5.5 An Ordinance to Release City Easement Across 401 E. State Street Parcel YouTube Timestamp: 2:48:46 Discussion Summary: No Questions or Comments by Council Motion to Approve: Joseph Murtagh Seconded By: Cynthia Brock Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item 5.6 Resolution to Select Artwork for a Mural Installation in the Dryden Road Parking Garage YouTube Timestamp: 2:51:10 Discussion Summary: Mural Description and mural included in Agenda packet. Cynthia expressed reluctance to the representation of individuals on government property. Questioned the appropriateness of the representation of the Muslim community as recorded in the description, asking if this representation would be chosen for themselves (Muslim Community) as a representation of their community. Motion to Approve: Joseph Murtagh Seconded By: Stephen Smith Vote Pass: 9-1 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X 7.1 Approval of Sky Ride Sculpture Location YouTube Timestamp: 2:54:24 Discussion Summary: Steve Smith, Seph Murtagh and Mayor agrees with Black Diamon Trail as an appropriate choice. Tom Logue responded to George’s question about going through normal channels; The normal channel during normal times would be to go through the Community Life Commission, which is not meeting, so instead the proposal was brought to the Planning and Economic Development Committee. Logue went to explain the process and channels and the direction followed. Discussions continued with questions and comments from Council on bringing in art into the community. Motion to Approve: Joseph Murtagh Seconded By: Steve Smith Vote Pass: 8-2 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item 8.1- 8.3 Mayor’s Appointments 8.1 Reappointments to the Parks, Recreation, & Natural Resources Commission & 8.2 Appointments to the Fiscal Oversight Committee for the Conference Center 8.3 Appointment to the Examining Board of Electricians YouTube Timestamp: 3:02:58 Discussion Summary: No Discussion Motion to Approve: Cynthia Brock Seconded By: Graham Kerslick Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item 9.1 Reports of Special Committees No Report Agenda Item 9.2 Reports of Common Council Liaisons Ducson reported on MOU with Cornell (YouTube Timestamp: 3:03:27) Laura Lewis- IDA’s Housing Committee and workforce housing policy. (YouTube Timestamp: 3:04:10) Agenda Item 9.3 City Clerk No Report Agenda Item 9.4 City Attorney Aaron Levine - 3 Executive Sessions to discuss Labor Contract Negotiations, Potential Sale or Acquisition of Real Estate, Pending Litigation. Reminded Council Executive Session is a confidential conversation, voting will be done in Public. (YouTube Timestamp: 3:06:13) 5 Minute Recess to reconvene under Executive Session (YouTube Timestamp: 3:08:10) Motion to Exit Executive Session YouTube Timestamp: 3:48:33 Motioned by: Steve Smith Seconded By: Ducson Nguyen Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Items (New) 4.4-4.5 YouTube Timestamp: 3:48:41 4.4 Approval and Authorization to Execute the CSEA Administrative Unit Contract 4.5 Authorization and Approval of Compensation for Confidential Employees not Included Under the CSEA Administrative Contract Discussion Summary: Resolutions being moved collectively under City Administration Motion to Approve By: Deborah Mohlenhoff Seconded By: Graham Kerslick Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Agenda Item (New) 4.3 Proposed Motion to Enter into Executive Session to Discuss Matters Relating to Collective Negotiations with Bargaining Units YouTube Timestamp: 3:49:57 Discussion Summary: There will be No vote by Council Motion to Enter into Executive Session Motioned By: Stephen Smith Seconded By: Robert Gearhart Vote Pass: 10-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X Stephen James Smith X Deborah Mohlenhoff X Laura Lewis X Adjournment: 10:30 pm CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 Amendment to the Youth Bureau 2021 Roster WHEREAS, The Youth Bureau is planning for the anticipated retirement of the Fiscal Manager at the end of 2021; and WHEREAS, the succession plan includes hiring a new Fiscal Manager before the end of the year to ensure the smooth transition of information and duties; and WHEREAS, the Youth Bureau has worked closely with HR and received approval from the Civil Service Commission to create a Fiscal Manager position; now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended effective August 1, 2021, as follows: Add: One (1) Fiscal Manager 40 hours and, be it further RESOLVED, That any existing funds associated with this change will come from within the approved 2021 Ithaca Youth Bureau budget. and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 50% of said portion, currently estimated at $750,000 of the $1,500,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further 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, This Resolution shall take effect immediately. 3.3 Proposed Resolution to Authorize NYSEG Easement WHEREAS, NYSEG requires an easement to place certain power lines that serve the training facility for the Ithaca Fire Department underground, as depicted in Exhibit A (attached); and WHEREAS, City staff is supportive of the installation of underground lines; now, therefore be it RESOLVED, That Common Council grants the permanent easement requested by NYSEG and authorizes and directs the Mayor to sign the necessary documents. 4.1 A Resolution Authorizing Implementation and Funding in the First Instance 100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds Therefore. WHEREAS, the City of Ithaca has been awarded a discretionary BUILD grant from the U.S. Department of Transportation for the Cayuga Waterfront Revitalization Project (the “Project”); and WHEREAS, the Project is eligible for funding under Title 23 U.S. Code, as amended, and the City’s application for funding calls for the apportionment of the costs of the Project to be borne at the ratio of 50% Federal funds and 50% non- federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Planning/Scoping and Preliminary Engineering/Design; and WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions; now, therefore be it RESOLVED, That the Common Council hereby approves the above-subject project; and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Planning/Scoping and Preliminary Engineering/Design work for the Project or portions thereof, and be it further RESOLVED, That the sum of $1,500,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phases of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 887, Cayuga Waterfront Revitalization Project, to include the Project costs of $1,500,000, 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 of the City of Ithaca be and is hereby authorized to execute all necessary Agreements for the Project, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the Federal Highway Administration and the New York State Department of Transportation 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 CITY ADMINISTRATION COMMITTEE: 4.2 2021 Room Tax Budget – Establishing New Revenue and Expenditure Accounts in the 2021 City of Ithaca Budget WHEREAS, a City of Ithaca hotel room occupancy tax was established earlier this year to support the downtown conference center project, and lodging properties in the City have been collecting the tax since April 1, 2021, and room tax revenues are projected to be $994,817 in 2021; and WHEREAS, the City has executed an agreement with Tompkins County for the County to pay the City 4% of County room tax collections for 30 years beginning in 2021 for exclusive use for the conference center project, and 2021 County payments to the City for the conference center are projected to be $76,278; and WHEREAS, bond financing for the conference center project has closed, funding and lease agreements have been executed, and construction has begun on the downtown conference center project; and WHEREAS, the Downtown Ithaca Local Development Corporation (LDC) has been established to own and manage the conference center, and the LDC has developed a recommended 2021 room tax budget; and WHEREAS, a Fiscal Oversight Committee with majority City representation has reviewed and approved the recommended 2021 room tax budget which includes both LDC and City allocations; and WHEREAS, a highly qualified conference center operator, ASM Global, has been engaged and has provided the LDC with a budget to support pre-opening activities to ensure a successful opening of the conference center, including support for marketing, sales, design consulting, planning, and procurement among other pre- opening activities; and WHEREAS the recommended LDC budget for 2021 capitalizes various reserve accounts ($750,000), and supports both ASM and LDC pre-opening project expenses ($142,164), and the total LDC conference center budget for 2021 is $892,164; and WHEREAS, the City Controller is budgeting $20,000 in 2021 for room tax financial administration, and the 2021 room tax budget also includes a $100,000 contribution to the City Final Reserve account, to be held in a separately designated reserve account at the City; and WHEREAS, after subtracting the 2021 combined budgeted room tax expenses including City and LDC expenses ($1,012,164), from the combined budgeted room tax revenues including City room tax revenues and County conference center room tax payments ($1,071,095), a year-end unallocated room tax reserve balance of $58,931 is anticipated, and these unallocated room tax reserves would be available to be budgeted exclusively for conference center related expenses in a future budget year; and WHEREAS, a successful Community Conference Center project will be an asset for the City of Ithaca resulting in significant increased room tax and sales tax revenues, the addition of new direct and indirect jobs; significant economic impact beyond center operations through the purchase of supplies and services; an estimated 22,000 new room nights as well as annual visitation of over 63,000 after center operations are stabilized in year five; now, therefore be it RESOLVED, That the City Controller is authorized to establish payment and accounting procedures for room tax revenues and expenses in support of the conference center project and in alignment with conference center funding agreements and standard city budgeting and accounting practices, and be it further RESOLVED, That new room tax revenue and expense accounts are established in the 2021 City general fund budget as follows: Revenue Account: A6989-1113 Tax on Hotel Room Occupancy 2021 Budget $1,071,095 Expense Account: A6989-5430 Other Econ. Dev. Fees $20,000 A6989-5435 Other Econ. Dev. Contact $892,164 Balance Sheet Accounts: A889 Reserve for City Room Tax $58,931 A890 Reserve for City Room Tax Final Reserve $100,000 RESOLVED, That in no case will 2021 room tax expenses exceed 2021 room tax revenues. 4.3 Proposed Motion to Enter into Executive Session to Discuss Matters Relating to Collective Negotiations with Bargaining Units RESOLVED, That Common Council enter into Executive Session to Discuss Matters Relating to Collective Negotiations with Bargaining Units. 4.4 Common Council – Approval and Authorization to Execute CSEA Administrative Unit Contract RESOLVED, That the Common Council approves the agreement between the City of Ithaca and the CSEA Administrative Unit for a five‐year term commencing January 1, 2020 and expiring December 31, 2024; and, be it further RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of the City. 4.5 Authorization and Approval of Compensation for Confidential Employees Not Included Under the CSEA Administrative Contract RESOLVED, That for the period of January 1, 2020 through December 31, 2024, all rostered employees not covered by a formal labor contract, excluding positions designated as management or seasonal, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit contract. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 5.1 4th Amendment to HUD Entitlement Citizen Participation Plan - COVID-19 Amendment WHEREAS, the Citizen Participation Plan establishes the City of Ithaca’s procedures for involving the public in development and implementation of the HUD Entitlement Program, and WHEREAS, on March 31, 2020, in response to the COVID-19 pandemic and mandated social distancing, the U.S. Department of Housing and Urban Development (HUD) issued a Mega-waiver covering HUD-administered programs that included flexibility regarding citizen participation and public hearings for Consolidated Plans and Action Plans, and WHEREAS, the City of Ithaca seeks to establish expedited procedures necessary to quickly and effectively administer federal funding made available to respond to the COVID-19 Pandemic in accordance with the HUD Mega-waiver, and WHEREAS, an annual Action Plan contains a description and budget for individual activities to be undertaken with funding made available to the City of Ithaca through the HUD Entitlement program, including the CDBG and HOME programs, and WHEREAS, the HUD Mega-waiver identifies a minimum five (5) day public comment, period, to include a virtual public hearing with opportunity for citizens to comment in real time, provides reasonable notice and opportunity for comment to meet citizen participation requirements for Consolidated Plans and Action Plans; and WHEREAS, the applicability of temporary COVID-19 pandemic amendments to the Citizen Participation Plan expire on July 31, 2021 though the federal emergency may extend beyond the expiration date; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby adopts a 4th amendment to the City of Ithaca HUD Entitlement Citizen Participation Plan, dated April 23, 2020, to extend the applicability of expedited public participation procedures in accordance with HUD-issued waivers for the following funding: ● CDBG-CV grant ● HOME American Rescue Plan grant ● FY19 and FY20 CDBG grants ● FY19 and FY20 HOME grants 5.2 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA - Declaration of Lead Agency WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such review, in accordance with state and local environmental law, and WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or carrying out the proposed action, and WHEREAS, the proposed action is Common Council authorization to transfer approximately 1.8 acres of City-owned properties on Inlet Island to the Ithaca Urban Renewal Agency, via an option agreement, for the purpose of structuring a proposed property sale and development agreement with Finger Lakes Development, LLC to undertake an urban renewal project subject to approval by the Common Council, which is an “Unlisted” Action pursuant to CEQRO, thereby requiring environmental review; and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself as lead agency for the environmental review of this proposed action. 5.3 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA - Environmental Review WHEREAS, the Common Council is considering granting authorization to transfer approximately 1.8 acres of City-owned properties on Inlet Island to the Ithaca Urban Renewal Agency, via an option agreement, for the purpose of structuring a proposed property sale and development agreement with Finger Lakes Development, LLC to undertake an urban renewal project subject to approval by the Common Council, and WHEREAS, such proposed option agreement shall include a seller contingency requiring completion of environmental review and site plan approval of the urban renewal project as a pre-condition for transfer of City-owned properties to the IURA, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as an “Unlisted” action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, the proposed urban renewal project is not fully defined or designed at this time, nor possible without acquisition of City-owned land, therefore an analysis of potentially significant adverse environmental impacts of a yet-to-be defined urban renewal project at Inlet Island is not feasible at this stage of the proposed project, and WHEREAS, the proposed urban renewal project will undergo separate environmental review after it has been fully defined through the mandatory site plan review process, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, The City of Ithaca Common Council, as lead agency in this matter, hereby determines that circumstances warrant a segmented review of the contingent property transfer from the other stages of the proposed urban renewal project and that subsequent environmental review during the site plan review process will be no less protective of the environment; and be it further RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed action will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 5.4 Inlet Island Urban Renewal Project, Authorize Transfer of City-Owned Properties to IURA - Action WHEREAS, the Ithaca Urban Renewal Agency (IURA) and the City of Ithaca collectively own approximately 3 acres of underutilized land on Inlet Island (Project Site), and WHEREAS, an Inlet Island urban renewal project proposed by Finger Lakes Development, LLC failed to gain Common Council endorsement in 2008, and WHEREAS, in 2020, the IURA received two unsolicited proposals for development at the Project Site, and WHEREAS, the IURA and Common Council rescinded the 2006 preferred developer and sponsor status of Finger Lakes Development, LLC to clarify that the IURA will use a competitive process open to all developers to propose conceptual development plans for the Project Site, and WHEREAS, in March 2021, the IURA issued a Request for Expressions of Interest (RFEI) for conceptual development proposals at the Project Site, and WHEREAS, the objective of the RFEI process was to identify if any respondent’s schematic plan and development program offer sufficient community benefits to gain conceptual approval from both the IURA and Common Council as the basis for a proposed urban renewal project to redevelop the Project Site, and WHEREAS, the IURA sought an urban renewal project that will improve the physical, social, and economic characteristics of the project site and surrounding area, and advance goals and objectives of the 2015 City’s comprehensive plan, and its Waterfront Plan chapter adopted in 2019, and WHEREAS, The Waterfront Plan encourages the following land use objectives:  Mixed-use development  Housing opportunities at all income levels  Public access to the waterfront  Better multi-modal connections  Vibrant waterfront, and WHEREAS, RFEI responses were received from: 1. Waterfront Alchemy, LLC/Strategic Elements 2. Finger Lakes Development, LLC 3. Visum Development Group, LLC and WHEREAS, at its June 2021 meeting, the IURA affirmed its Economic Development Committee’s recommendation by selecting the conceptual development plan submitted by Finger Lakes Development, LLC (FLD) as its top-ranked conceptual development plan for an Inlet Island urban renewal project, and WHEREAS, the IURA further concluded that the FLD proposal offered strong potential to improve the physical, social, and economic characteristics of the project site and surrounding area, and advance goals and objectives of the 2015 City’s comprehensive plan, and its Waterfront Plan chapter adopted in 2019, subject to the following: • Commitment from the developer to share environmental clean-up costs; and • Clarification of Finger Lakes Boating Center’s commitment to make improvements, in terms of visual access and limited boat storage; • Commitment by the developer to address the U.S. Coast Guard Auxiliary’s need to maintain its water access and continued operations; and WHEREAS, to indicate conceptual support to pursue an urban renewal project with FLD based on their conceptual development proposal, the IURA requests the City of Ithaca Common Council provide the IURA with site control of certain City-owned properties on Inlet Island; now, therefore be it RESOLVED, that the City of Ithaca Common Council hereby authorizes transfer of the following City-owned properties on Inlet Island to the Ithaca Urban Renewal Agency, via an option agreement, for the purpose of structuring a proposed property sale and development agreement with Finger Lakes Development, LLC to undertake an urban renewal project subject to approval by Common Council: • Tax parcel map #43.-1-4, former Agway Fuels property • Tax parcel map #52.-1-1.2, 446 Taughannock Blvd. • Tax parcel map #43.-1-6, discontinued segment of Old Taughannock Blvd. • Tax parcel map #43.-1-5, 508 Taughannock Blvd. (subject to acquisition from New York State) , and be it further RESOLVED, that the purchase option agreement may only be exercised upon Common Council approval of an Inlet Island urban renewal project, and be it further RESOLVED, that the Mayor, subject to review by the City Attorney, is hereby authorized to implement this resolution, including execution of any and all instruments necessary to execute an option agreement with the IURA. 5.5 An Ordinance to Release City Easement Across 401 E. State Street Parcel WHEREAS, presently before Common Council is a proposal requesting that the City release its rights to an easement running through the parcel known as 401 East State Street (“Property”), recorded by deed and replacement of an existing storm drain easement, both encumbering the parcel now currently identified as Tax Map Parcel 69.-6-3; and WHEREAS, McKinley Ithaca, LLC the contract purchaser of the Property, and on behalf of GPA Management, LLC, the current property owner of 401 East State Street, tax map parcel 69.-6-3, has requested that the City release rights to a pedestrian easement extending from the most northeasterly point of the property to the northwest running along the property line, release a drainage easement with replacement (shown in the documents attached as Exhibit A) and allow McKinley Ithaca, LLC to place a shoring system for its construction on City property; and WHEREAS, City staff are supportive of releasing the easements in exchange for the replacement easements indicated in Exhibit A; and WHEREAS, in consideration for the City’s release of the pedestrian easement, specifically, McKinley Ithaca, LLC will complete the following site improvements that will benefit the City and the general public: • Completion of the Six Mile Creek trail and railing (approximately 300 feet) to the end of the property. This will match the existing trail and be publicly accessible. • Extension of the Six Mile Creek trail by approximately 150 feet into the City owned-property to the east of 401 East State Street site. • Provide a replacement pedestrian easement of approximately 160 feet, a pedestrian bridge open for public use across the retaining wall, and install stairs from State Street onto the project site below to connect to the Six Mile Creek trail; and WHEREAS, the extinguishment of the easements was considered as part to the SEQR Process with a Negative Declaration issued on May 25, 2021; 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 be it, ORDINANCE NO. 2021 - 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: The above-described easements are surplus for municipal purposes. The replacement easements and consideration offered by McKinley Ithaca, LLC is adequate to release the City’s interests in the easements and grant McKinley Ithaca, LLC replacement easements as described herein and shoring easement for the tie backs installed on City property. 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 as needed to effect these transactions. Section 3. Effective Date. This ordinance shall take effect immediately. 5.6 Resolution to Select Artwork for a Mural Installation in the Dryden Road Parking Garage WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage was added to this list of approved locations by the Board on July 14, 2014, and WHEREAS, Yerke Abuova submitted a proposal for a mural honoring all those who have lost their lives due to the COVID-19 pandemic, as part of the City’s Mural and Street Art Program, and WHEREAS, the artist will self-fund the mural installation, and the project will be budget-neutral to the City; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Yerke Abuova’s mural proposal to be installed in the Dryden Road Parking Garage and to be added to the City of Ithaca’s public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. 5.7 A Resolution to Authorize the Conveyance of the Northside Apartments, Overlook Terrace, and the Southview Gardens Public Housing Projects by the Ithaca Housing Authority to Ithaca No Housing Development Fund Company Inc. WHEREAS, the Ithaca Housing Authority (the “Authority”) is the owner of the following real property located in the City of Ithaca (the “City”), County of Tompkins, State of New York: (i) 510-530 Madison Street, 503-621 Hancock Street, 118-130 Morris Avenue, 216-312 Third Street, 202-311 Fourth Street and 107-141 Fifth Street, being designated as Tax Map No.’s 44.-3-3, 44.-4-1 and 44.-8-1 (the “Northside Property”); (ii) 410-412 Hector Street, being designated as Tax Map No.’s 41.-1-3.1 and 41.-1-3.2 (the “Overlook Property”); and (iii) 410- 422 South Plain Street and 304-310 Center Street, being designated as Tax Map No. 80.-3- 10 (the “Southview Property”, and together with the Northside Property and the Overlook Property, the “Property”); and WHEREAS, the Property is presently improved by approximately one hundred six (106) residential rental units for low and very-low income persons and families situated in: (i) fourteen (14) two-story apartment buildings and other ancillary improvements on the Northside Property commonly known as Northside Apartments; (ii) one (1) two-story apartment building, four (4) one-story apartment buildings and other ancillary improvements on the Overlook Property commonly known as Overlook Terrace Apartments; and (iii) four (4) two-story apartment buildings and other ancillary improvements on the Southview Property commonly known as Southview Gardens Apartments (collectively, the “Project”); and WHEREAS, the physical condition of the Project has become dilapidated and deteriorated over time, yet the Authority does not have sufficient resources available to remedy such dilapidation and deterioration; and WHEREAS, the Authority desires to redevelop and rehabilitate the Project, in order to provide the current residents of the Project and others with improved, safe, decent and affordable housing; and WHEREAS, the infusion of private enterprise and private capital are essential components to such redevelopment and the continued success and long-term viability of the Project; and WHEREAS, the Authority has indicated that the sale and conveyance of the Property by the Authority to Ithaca NOS Housing Development Fund Company, Inc. (the “HDFC”), a to-be- formed New York not-for-profit corporation which will be organized pursuant to Article XI of the New York Private Housing Finance Law, as nominee for Ithaca NOS Limited Partnership (the “Partnership”), a to-be-formed New York limited partnership, is necessary in order for the Project to obtain the benefits of Federal low-income housing tax credits and to otherwise accomplish the redevelopment of the Project; and WHEREAS, the HDFC will be formed for the purpose of providing residential rental accommodations for persons of low-income, and Cayuga Housing Development Corporation, an affiliate of the Authority, will be its sole member; and WHEREAS, the HDFC will acquire fee title to the Property, as nominee for the Partnership, and will convey its equitable and beneficial interests in the Property to the Partnership in furtherance of the development of the Project; and WHEREAS, the Partnership will redevelop, rehabilitate, beneficially own, maintain and operate the Project as an approximately one hundred eighteen (118) unit housing project for persons of low income at the Property, which redevelopment and rehabilitation will include the selective demolition and replacement of existing apartment buildings at the Northside Property, resulting in a total of seventeen (17) two-story apartment buildings containing eighty-two (82) residential rental units being situated thereon; and WHEREAS, the HDFC will be the co-general partner of the Partnership; and WHEREAS, in accordance with the terms and provisions of Section 58-b of the Public Housing Law of New York State, a sale or lease by a housing authority of all or a portion of a project in order to obtain the benefits of any Federal program of assistance for low-income housing is subject to the approval of the local legislative body; and WHEREAS, the City desires to encourage a sufficient supply of adequate, safe and sanitary dwelling accommodations properly planned for persons with low incomes; and WHEREAS, in order to facilitate the contemplated redevelopment and rehabilitation of the Project, the City desires to confirm its approval of the Authority’s sale and conveyance of the Property to the HDFC, as nominee for the Partnership; now, therefore, be it RESOLVED, That the City Council hereby authorizes and approves the sale and conveyance of the Project by the Authority to the HDFC, as nominee for the Partnership, which sale and conveyance shall be upon such terms and conditions as the Authority may deem appropriate; and be it further RESOLVED, That the Mayor of the City is hereby authorized and directed to take any and all actions and execute and deliver any and all documents or instruments that may be necessary or desirable to carry out the intent of the foregoing resolutions; and be it further RESOLVED, That this resolution shall take effect immediately. NEW BUSINESS: 7.1 Approval of Sky Ride Sculpture Location WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art, and WHEREAS, the Community Arts Partnership (CAP) and City of Ithaca Department of Planning & Development have collaborated on the development of a public sculpture project which is envisioned as a community-built kinetic sculpture utilizing re-used materials and communicating an inclusive and exciting vision for the future of active transportation in Ithaca, and WHEREAS, additional goals for the sculpture are that it appeal to an audience that is diverse in age, income, cultural background, and artistic appreciation; that the artwork be fabricated to withstand the upstate New York weather, be low maintenance, safe, theft and damage resistant; and that it ‘spark joy’ in the viewer and express the artists’ aesthetic sensibility; and WHEREAS, the City and CAP convened a project steering committee composed of community members with interest and experience in public art and active transportation, and the committee was charged with selecting the artist, working with the artist on development of a design concept and identifying preferred locations, and WHEREAS, the Community Arts Partnership issued a Request for Qualifications for artists to submit credentials and examples of previous work, and the project steering committee selected Patricia Vader from among numerous respondents as an artist with strong relevant experience and excellent fit with the vision and goals for the project, and WHEREAS, in late 2020 and early 2021, the project steering committee worked with the artist to develop a conceptual design for the sculpture which the artist has tentatively titled Sky Riders, and WHEREAS, in March and April 2021, the project steering committee reviewed the City’s list of nearly two dozen potential City-owned sites suitable for siting sculptures and evaluated those sites for visibility and overall suitability, and WHEREAS, the committee initially selected a preferred location for the sculpture in Cass Park between the Cayuga Waterfront Trail and the Cayuga Inlet to the South of the Coach’s Crossing bridge and across the trail from the birding kiosk, and WHEREAS, City Staff and the Parks, Recreation, and Natural Resources Commission solicited public input on this project location and the Commission also met to discuss the proposal at their June meeting and did not support this location but suggested revisiting other possible locations including the Black Diamond Trail Trailhead and the location on Inlet Island between Cliff Street and State Street known as Pete’s Triangle, and either of these two sites has been evaluated and deemed suitable by City staff and the project steering committee, and WHEREAS, City staff including City Forester Jeanne Grace, Recreation Supervisor Jim Dalterio have been consulted on the proposed locations and confirmed that a sculpture in the proposed areas would not impact any surrounding natural or recreational features, and WHEREAS, pending Board of Public Works approval, the sculpture is scheduled to be fabricated and installed in late summer or fall 2021, and WHEREAS, prior to installation, the project team will contract with a qualified engineer to design an appropriate concrete footer and review and approve the structural elements of the sculpture, and WHEREAS, the project is funded by two private grants to the Community Arts Partnership and Center for Community Transportation and no City funds are required to design, fabricate or install the sculpture; now, therefore be it RESOLVED, That Common Council accepts the proposal by Community Arts Partnership to create a sculpture for the City at the Black Diamond Trail Trailhead or Pete’s Triangle, and be it further RESOLVED, That the selected artist may proceed with the installation of the sculpture upon approval by Common Council and the execution of an agreement with the City as reviewed by the City Attorney. MAYOR’S APPOINTMENTS: 8.1 Reappointments to the Parks, Recreation, and Natural Resources Commission RESOLVED, That Daniel Hoffman be reappointed to the Parks, Recreation, and Natural Resources Commission with a term to expire December 31, 2022 and, be it further RESOLVED, That Tyler Moeller be reappointed to the Parks, Recreation, and Natural Resources Commission with a term to expire December 31, 2022, and be it further RESOLVED, That Stephanie Figary be reappointed to the Parks, Recreation, and Natural Resources Commission with a term to expire December 31, 2022, and be it further RESOLVED, That Paul Paradine be appointed to the Parks, Recreation, and Natural Resources Commission to fill a vacancy with a term to expire December 31, 2021, and be it further 8.2 Appointments to the Fiscal Oversight Committee for the Conference Center RESOLVED, That Former Chief of Staff Dan Cogan, Deputy Director of Economic Development Tom Knipe, and IURA Director Nels Bohn be appointed to the Fiscal Oversight Committee for the Conference Center with one vote each assigned to them, and be it further RESOLVED, That City Controller Steven Thayer be appointed to the Fiscal Oversight Committee for the Conference Center with two votes assigned to him. 8.3 Appointment to the Examining Board of Electricians RESOLVED, That Max Paskin be appointed to the Examining Board of Electricians with a term to expire December 31, 2023.