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Home My WebLink AboutMN-CC-2013-09-04Regular Meeting PRESENT: Mayor Myrick Alderpersons (10) COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 6:00 p.m. September 4, 2013 Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Proulx, Mohlenhoff OTHERS PRESENT: City Clerk — Conley Holcomb City Attorney — Lavine City Controller — Thayer Community Development Director — Bohn Deputy Director of Community Development — Kittel Acting Superintendent of Public Works - Benjamin PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: Larry Roberts, Chair of the Disability Advisory Council (DAC), reported that the DAC voted last month in full support of the new sidewalk improvement program proposal. He stated that the sidewalks in the City are in poor condition and the current policy is very confusing and difficult to communicate to the public. He believes the new system will result in a reduction in disputes between the city and property owners thereby increasing time efficiencies that will allow more sidewalks to be built and repaired; that the new policy will be easier to communicate and explain to the public; and that priority setting will be more inclusive allowing the residents in the neighborhood, the DAC, the Board of Public Works and Common Council to provide input. He encouraged Common Council support for the proposal. Chair Roberts further announced that the DAC is very close to releasing their second on-line survey to obtain feedback from people who have disabilities regarding challenges they face living, working, and visiting the city. He thanked the City Clerk's staff for their assistance in this effort. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: James Elrod & Ben Kirk, City of Ithaca, addressed Common Council to voice their opposition, on behalf of a group of neighbors present in the audience, to the proposed Stone Quarry Apartment project. After describing the impact the project would have on the surrounding neighborhood, they requested that Common Council remove the project from the 2013 IURA Action Plan or make traffic/pedestrian improvements as soon as possible. John Graves, City of Ithaca, requested that Common Council take more time to consider funding alternatives for the proposed sidewalk improvement districts (such as $.01 per square footage of property). He noted that the sidewalk proposal needs further financial analysis as he projects that it will be under -funded. Renee Brutvan, City of Ithaca, explained to Council how any rent increases to the Community Gardens/Project Growing Hope would negatively impact low income gardeners and families. Judith Barker, City of Ithaca, spoke about the impact that rent increases could have on the Community Gardens. She noted that the Gardens are run solely by volunteers and their annual budget of approximately $5,000 is derived from the $40 membership fee the participating gardeners pay. The budget only covers rent and insurance costs. Some participating gardeners pay additional money for memberships in order to fund $15 scholarships for low income gardeners. Herbert Dwyer, City of Ithaca, speaking as a resident, landlord, and contractor requested that Common Council take more time to consider the proposed sidewalk improvement program, especially the financial structure of the system. He distributed copies of a petition that was circulated in response to the proposal. Joel Harlan, Town of Newfield, discussed concerns about crime on West Hill and in the "Jungle" area of the City. He further shared global war concerns. September 4, 2013 Fay Gougakis, City of Ithaca, addressed quality of life issues including: return of students and noise complaints, the need for increased contributions from Cornell University and Ithaca College, texting, cell phone use, tinted windows, and sustainability as it relates to bicycle safety. She further referred Council to a video of Springfield, Massachusetts' drug and crime fighting efforts. Sheryl Swink, City of Ithaca, thanked Council for their previous support of the Community Gardens and Project Growing Hope. She voiced her concerns regarding lease negotiations as it pertains to rent increases. She further voiced her support for the proposed sidewalk improvement program. Tom Hanna, City of Ithaca, voiced his opinion that there weren't enough stakeholders involved when the proposed sidewalk improvement district proposal was being developed. He stated that overall the Task Force did a good job in developing the proposal but parts of it need adjustment. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: Alderperson Proulx thanked the speakers for sharing their thoughts. He noted that he would save his comments regarding the sidewalk proposal and the Quarry Street Apartments until they are discussed on the agenda, and responded to the concerns raised about the Community Gardens. He reviewed the lease negotiation process and timeline. He stated that he is still committed to the $1 lease option in return for the greater community benefit that the gardens provide. Alderperson Murtagh noted that he would save his comments on the Stone Quarry Apartments until later in the agenda. He stated that he is also determined to see a lease renewed with the Community Gardens and supports the $1 lease option for the reasons that were described earlier in the meeting. Alderperson Dotson apologized for not being at the Stone Quarry Apartments meeting as she was out of town. She requested that items on the Planning Committee agenda be rearranged for discussion purposes. Alderperson Brock thanked Ms. Brutvan for sharing her experiences about the Community Gardens and her West Hill neighborhood. She noted that the lease negotiations with the Community Gardens are very difficult given the economic challenges that the City is facing and the corresponding need to expand the tax base. She noted that it may be time to explore other locations for the Gardens. Mayor Myrick extended his apologies to the Spencer Road residents for comments he made at the Planning Committee meeting regarding the proposed Stone Quarry Apartments project. CONSENT AGENDA ITEMS: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2013 Apple Harvest Festival — Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of the 2013 Apple Harvest Festival; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during the Apple Harvest Festival on the Ithaca Commons, October 4-6, 2013, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine, beer, and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery, brewery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously 2 September 4, 2013 8.2 Youth Bureau — Request to Amend 2013 Roster - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Youth Bureau has proposed to add a fulltime (35 hours) Recreation Program Specialist to the roster, eliminate funding for an existing Recreation Coordinator position and leave the position vacant, WHEREAS, the Youth Bureau has worked closely with the Human Resources Department to develop this proposal and anticipates formal adoption for the position by the Civil Services Commission in September; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 roster as follows: Delete: One (1) Recreation Coordinator Position (35 hour) Add: One (1) Recreation Program Specialist (35 hour) and, be it further RESOLVED, That said roster amendment will be made within existing funds of the 2013 authorized Youth Bureau Budget, and be it further RESOLVED, That this roster amendment is contingent on approval by the Civil Service Commission, and be it further RESOLVED, That the position of Recreation Program Specialist shall be assigned to the CSEA Administrative Unit at salary grade 12, and be it further, 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 this position shall be established at seven (7) hours per day (thirty-five (35) hours per week). Carried Unanimously 8.3 GIAC — Request to Amend Budget for Grant - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, the Greater Ithaca Activities Center (GIAC) received a grant in the amount of $5,986 from the Park Foundation to assist with the computer lab program, and WHEREAS, the grant funds will be used to purchase computers for the GIAC lab; now, therefore be it RESOLVED, That Common Council hereby amends the 2013 authorized budget for GIAC in an amount not to exceed $5,986 for the purposes of accounting for said grant as follows: Increase Revenues: A7311-2705 Gifts and Donations $5,986 Increase Appropriations: A7311-5210-1100 Office Equipment $5,986 Carried Unanimously GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: Update from Last Meeting Alderperson Mohlenhoff reminded Council members that there would be a presentation of potential alternate organizational models of the City's boards and committees at the September 18, 2013 GPA Committee meeting. Any Council members who would like to participate in the discussion are more than welcome. 9.1 A Local Law entitled "City of Ithaca Local Law Concerning Sidewalk Improvement Districts" By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS the City's current sidewalk policy, in which the full cost of sidewalk construction and repair is assessed against the abutting property owner, results in unpredictable, large, lump -sum charges against property owners, and as a result has discouraged the construction and repair of sidewalk throughout the City, and WHEREAS a comprehensive and high-quality network of sidewalks is beneficial to residents, businesses, organizations, and individual property owners beyond the abutting property owners, and 3 September 4, 2013 WHEREAS pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements; now, therefore Local Law No. -2013 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. Under the City's current policy, the abutting property owner is responsible for the full sidewalk construction and repair costs. This policy has led to the construction of very little new sidewalk in the last twenty years, and the enforcement of the repair policy is administratively difficult and leads to repair delays. The Common Council makes the following findings of fact: A. Residents, businesses, organizations, and individual property owners beyond the abutting property owner are benefited by a comprehensive and high-quality network of sidewalks. B. Abutting property owners are better served by paying an annual assessment for the construction and repair of sidewalks near their property, rather than face unpredictable, large, lump -sum assessments for construction and repair of abutting sidewalk. C. Sidewalks are appropriately designated as a local improvement for which property owners may be assessed in proportion to the benefit the property receives, and such assessments are necessary to defray the cost of construction and maintenance of sidewalk in the City. The Common Council finds that the creation of several Sidewalk Improvement Districts is the most efficient and effective way to meet the need for sidewalk construction and repair and to recognize the proportional benefits and enhanced property value received by property owners due to such work. The Common Council also considers sidewalk accessibility to be an important goal that is supported by this local law. Section 2. Charter Amendments. Section C -114(A) of the Ithaca City Charter is hereby amended as follows: TAX In addition to its usual meaning, includes water rents or rates [and assessmeRto ^r reassessments fnr IGGal imnrriomont�l Existing Section C-73 of the City Charter is hereby redesignated as Section C-73.1, entitled "Sidewalks Not Included in Sidewalk Improvement Districts," and is amended to include a new subsection F as follows: F. Those provisions of this Section C-73.1 compelling owner construction or repair of sidewalk shall not apply to lots or parcels located in a Sidewalk Improvement District and subject to an assessment for work performed in that District pursuant to Section C-73 of the Charter; provided, however, that those provisions of this Section C-73.1 regarding the abutting landowner's duty to maintain the sidewalks adjoining his or her property free and clear of snow, ice, and all other obstructions, and the landowner's liability for injuries or damages arising from the landowner's failure to do so, shall continue to apply to all Lots in the City; provided further that this Section and related provisions in the City Code shall continue to apply to the construction or repair of driveway cuts or aprons regardless of whether a lot or parcel is located in a District or is subject to such an assessment; and provided further that should a court of competent jurisdiction hold, or the City so concede, that Section C-73 of the Charter in its 12 September 4, 2013 entirety or any District created by that Section in particular is invalid or unconstitutional, or that any particular property within any District is not subject to that Section, any property thereby determined not to be subject to Sidewalk Improvement District assessments pursuant to Section C-73 shall be subject to the provisions regarding sidewalk construction or repair set forth in this Section C-73.1. Section 4. Sidewalk Imarovement Districts. Section C-73 of the City Charter is hereby renamed "Sidewalk Improvement Districts," and is amended to read as follows: A. Establishment of Sidewalk Improvement Districts; Map. (1) The City is hereby divided into five (5) Sidewalk Improvement Districts ("Districts" or "STDs"): District #1, District #2, District #3, District #4, and District #5. The Districts are bounded as shown on the map titled "Official Sidewalk Improvement District Map of the City of Ithaca, New York" (hereinafter "SID Map"), and which accompanies in printed format and is hereby made part of this Section. (2) The Superintendent of Public Works or his or her designee shall prepare, maintain, and keep current the SID Map in accordance with amendments made thereon pursuant to action of the Common Council. (3) Where uncertainty exists with respect to the boundaries of the aforesaid districts as shown on the SID Map, the rules established for interpreting the Official Zoning Map as set forth in Section 325-6 of the City Code shall be used to interpret the SID Map. B. Construction or Repair of Sidewalks in Districts. (1) The Board of Public Works shall recommend, subject to amendment and approval by the Common Council, a budget and a schedule of Sidewalk Construction or Repair to be performed in each SID as part of the City's budget for each fiscal year; provided, however, that the budget for the first fiscal year following the year of enactment of this Local Law shall be recommended and approved on such schedule as deemed practicable by the Board of Public Works and Common Council. The Board shall have the authority to include in such budget all or any portion of the cost for past sidewalk construction or repair performed by the City on a property located in and subject to assessments as part of a SID, so long as said cost has not been assessed upon the abutting property owner prior to the effective date of this Section. Along with such budget and schedule of work, the Board shall recommend to Council any adjustments it deems desirable to the assessment formula set forth in Subsection C hereof. Such budget may include the issuing of, and payment of the maturing principal of and interest on, any obligation issued pursuant to the Local Finance Law for the purpose of financing the construction or repair of sidewalks pursuant to this Section. (2) Before the budget and schedule of work required by Subsection B hereof are given final approval by the Board, the City Clerk shall give notice by publication three (3) times in a local newspaper of a public hearing thereon on a date specified, which date shall not be less than ten (10) days from the first publication. Before the date of public hearing, any person may file with the City Clerk written objections to such budget or schedule of work or any part thereof, which objections shall be presented to the Board before action shall be taken on such budget and schedule of work. At the time so appointed or at such other time to which it may adjourn for that purpose, the Board may hear the allegations of any person interested who shall have filed such objections and may take proof in relation thereto. Such allegations and proofs shall be confined to the matters stated in such written objections. The Board may thereupon alter or correct any assessment as justice may require, finally approve the same and file a schedule thereof with the Common Council, which may amend and confirm the same by local law after a public hearing, and if so confirmed, the amount of each assessment as derived from the Assessment Formula shall be a lien upon the real property so assessed. Such assessments and, if required, any reassessments, shall be collected in the manner provided in this Charter and the City Code for the enforcement, levy, and collection of City taxes. (3) The Board of Public Works or Common Council may include construction 5 September 4, 2013 or repair of sidewalk curb cuts and curb accessibility ramps in the local improvements to be made in a SID. The Board of Public Works or Common Council shall not include construction or repair of driveway cuts or aprons, which shall remain the financial responsibility of the abutting property owner. (4) Work performed in a SID pursuant to this Section shall be deemed a local improvement, and Common Council declares and finds that the Assessment Formula in Subsection C assesses each property in each District in proportion to the benefit received by that property from the construction and repair of sidewalks in its respective SID, and that such assessments are necessary to defray the cost of construction and repair of sidewalk in the respective SIDs. (5) Nothing herein shall be construed to modify or alter any power of the Common Council, Board of Public Works, or Planning and Development Board to require a property owner to bear the full cost of sidewalk construction or repair as part of the site plan review process pursuant to Chapter 276 of the City Code, regardless of whether said property is located within a SID. C. Assessment Formula. (1) Definitions. ANNUAL MAINTENANCE FEE The Annual Maintenance Fee for Low -Foot -Traffic Lots is seventy dollars ($70.00); for all other Lots, it is one hundred and forty dollars ($140.00). COST OF PAST WORK The total sum, including labor and materials, actually paid for Past Work; provided, however, that none of the following shall be included: (i) costs exceeding fifteen dollars ($15.00) per square foot of Past Work completed; or, (ii) any overhead fee, interests or penalties imposed for failure to perform Sidewalk Construction or Repair pursuant to the Charter or City Code, including but not limited to Section C- 73.1(E) of the Charter. FRONT FEET LOT The length of perimeter, measured in feet, by which a Lot abuts the line of the public street or streets. Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on file with the Tompkins County Department of Assessment. LOW -FOOT -TRAFFIC LOTS Those Lots with a Property Class Code of 210, 215, 220, 240, 250, or 270, or substantially identical successor designations. PAST WORK Sidewalk Construction or Repair performed on a Lot located in and subject to assessments as part of a Sidewalk Improvement District, and permitted by and performed in accordance with the general drawings and specifications established by the Office of City Engineer, provided that such work is (i) performed at the cost of the property owner of the Lot upon which the work is performed or (ii) funded by documented contributions made to a business improvement district established by Chapter 149 of the City Code by the property owner of a Lot located in said business improvement district for the sole purpose of performing Sidewalk Construction and Repair; and provided further that work completed as required by a site plan review pursuant to Chapter 276 of the City Code is excluded. PROPERTY CLASS CODE The property type classification code, as defined by the New York A September 4, 2013 State Office of Real Property Services in the Assessors' Manual, assigned to a Lot by the Tompkins County Department of Assessment, as may be updated by that Department from time to time. SIDEWALK CONSTRUCTION OR REPAIR Construction or repair of any public sidewalk or footpath intended for the use of pedestrians in a City park or approximately following along the line of the street or streets upon which the Lot fronts, including but not limited to sidewalk curb cuts and curb accessibility ramps, and, other actions determined by the Board of Public Works to be necessary to the construction or repair of said sidewalk or footpath, including but not limited to, any paving, earth work, drainage, and appurtenances; provided, however, that the construction or repair of driveway cuts, aprons, or a pedestrian mall (as that term is defined in Section C -89(B) of the Charter) is excluded. SQUARE FOOTAGE The total square footage of all buildings on a Lot as recorded by the Tompkins County Department of Assessment. (2) Each Lot in a SID shall be annually assessed for work to be performed in the district as follows: Annual Maintenance Fee plus Square Footage Fee plus Frontage Fee less Past Work Reduction. (a) Square Footage Fee. The Square Footage Fee for all Low- Foot - Traffic Lots shall be $0.00. For all other Lots, the Lot's Square Footage Fee shall be equal to the Lot's Square Footage times $0.015. (b) Frontage Fee. The Frontage Fee for all Low -Foot -Traffic Lots shall be $0.00. For all other Lots, the Frontage Fee shall be $30.00 for each fifty-five (55) feet of Front Feet or portion thereof. (c) Past Work Reduction. A Lot's assessment under this Section shall be reduced as set forth herein. [1] A Lot is eligible for a reduction for the Cost of Past Work for twenty (20) years from the date the Past Work was substantially completed ("Reduction Period"). In each year of the Reduction Period for which an assessment, if any, is made pursuant to this Section, the Lot's Past Work Reduction shall be an amount equal to one -twentieth (1/20) of the Cost of Past Work. Should the allowable reduction for the Cost of Past Work be greater than a Lot's assessment under this Section in any given year, the Lot owner shall not be entitled to the difference, and the difference shall not apply to the assessment for any other year. [2] The Lot owner must provide sufficient evidence to the Superintendent of Public Works or his or her designee of the nature and location of the Past Work performed, the Cost of the Past Work, and the date the Past Work was substantially completed. Such evidence must be provided no later than May 1 of the year preceding the fiscal year for which the owner seeks a Past Work reduction; provided, however, that in the first fiscal year following the year of enactment of this Local Law, such proof must be provided no later than the deadline, if any, established by the Board of Public Works, and if no such deadline is established, such proof must be provided no later than February 1 of that fiscal year. If the request is approved by the Superintendent of Public Works or his or her designee, the Past Work reduction shall automatically recur in each remaining year of the Reduction Period. The Lot owner may appeal the determination of the Superintendent of Public Works or his or her designee to the Board of Public Works at an open meeting thereafter. 7 September 4, 2013 D. Appeals and Reassessments. (1) No action or proceeding to set aside, vacate, cancel, or annul any assessment for a local improvement shall be maintained, except for total want of jurisdiction to levy and assess the same on the part of the officer, officers, board, or body authorized by law to make such levy or assessment or to order the improvement on account of which the levy or assessment was made. In the event that a court of competent jurisdiction finds such total want of jurisdiction, this Section shall be deemed repealed, and the sidewalk assessment policy in Section C-73.1 of the Charter shall automatically take effect. (2) No action or proceedings shall be maintained to modify or reduce any assessment for a local improvement, except for fraud or substantial error by reason of which the amount of such assessment is in substantial excess of the amount which should have been lawfully levied or assessed. (3) Any person or persons, jointly or severally, aggrieved by any determination of assessment for a local improvement pursuant to this Section may have the decision reviewed by the Supreme Court of New York in the manner provided by Article 78 of the Civil Practice Law and Rules. (4) Whenever any assessments made under the provisions of this Section shall be set aside or shall be decided by any court having jurisdiction thereof to have been improperly or illegally made or whenever it shall be ascertained that the proceedings under which said assessment has been made shall have been so far irregular and erroneous as to make the collection of such assessment illegal, then a reassessment shall be made with the same force and effect as if it had been an original assessment; provided, however, that in the event that no assessment is thereafter successfully levied, those properties affected shall be subject to Section C-73.1 of the Charter. E. Duties of Owner. Nothing herein shall modify or abolish the duty of the owner of lands abutting any street, highway, alley or other public place in the City to keep the sidewalks, approaches or street driveways adjoining such lands free and clear of and from snow, ice and all other obstructions, nor shall anything herein modify or abolish the liability of such owner for any injury or damage caused by reason of omission, failure or negligence to keep such sidewalk free from snow, ice or other obstructions as set forth in Section 73.1(6)(1) of the Charter. Section 5. Prior Written Notice Amendment. Section C-107 of the Ithaca City Charter is hereby amended as follows: The City of Ithaca shall not be liable for damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building or other City- owned property or structure being out of repair, unsafe, dangerous or obstructed by snow, ice or otherwise or in any way or manner, including but not limited to protruding pipes, metal plates or covers or other objects, unless written notice of the defective, unsafe, dangerous, obstructed or concealed conditions of said street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building or other City -owned property or structure shall have been given to[ the Board of PubliG Works e#] the City of Ithaca by delivery to the office of the City Clerk[ or to the nffiGe Of the Works] at least 24 hours previous to said damage or injury. This section applies to claims of infants and all other persons. Any and all actions maintained for damages or injuries to person or property caused or sustained as aforesaid shall be commenced in accordance with the requirements of §§ 50-e and 50- i of the New York State General Municipal Law. 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 portions of this Local Law, except as otherwise provided in Section 3 and Section 4(D). September 4, 2013 Section 7. Effective and Operative Date. This Local Law shall take effect forty-five (45) days after its adoption, and after filing in the office of the Secretary of State. This Local Law is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24. City Attorney Lavine clarified that along with the Local Law, the Sidewalk Task Force's Recommended Map of Five Sidewalk Improvement Districts, adopted by the GPA Committee in August, is also being considered by Common Council for adoption. City Attorney Lavine further reviewed the history of the proposal development process and explained how the Task Force selected the assessment formula proposed in the law. Extensive discussion followed on the floor with a number of Council members noting that this topic was a primary reason they became involved with the City of Ithaca. They noted that this was one of the most significant changes the City could make and suggested that the new program could be used a model for other communities who struggle with the same issues. They explained that the new system is progressive, fair, time efficient, and evenly distributes the burden of sidewalk repairs to those who benefit the most from them. They acknowledged the questions and concerns from members of the public noting that the system may not be perfect but it could be adjusted in the future if necessary. They further explained that this not a form of budget relief for the City as the assessment fees can only be used for sidewalk improvements. The collected fees must be spent each year; they may not be carried forward into future years. Through this system more funding will be available for sidewalk improvements. The liability for damaged sidewalks will be shifted from the property owner to the City. Residents will be able to calculate the annual assessments themselves and can appeal to the Tompkins County Assessment Department if they feel they have been unfairly assessed. In addition, the process of setting priorities for sidewalk improvements will be more inclusive of the neighborhoods. Mayor Myrick thanked City Attorney Araron Lavine, Alderpersons Seph Murtagh and Donna Flemming, Assistant City Attorney Jared Pittman, Transportation Engineer Tim Logue, and Planning and Development Board Chair/Board of Public Works Commissioner Govind Archarya for their hard work, collective vision, and collaborative efforts on this historical achievement. A vote on the Local Law resulted as follows: Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 342 entitled "Streets and Sidewalks", Section 342-18 entitled "Duty to Construct and Maintain Sidewalks" By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS Common Council is considering a local law that would amend the City of Ithaca Charter to establish Sidewalk Improvement Districts, and WHEREAS the City of Ithaca Code contains provisions relating to the liability of abutting property owners for the construction and repair of sidewalk that are inconsistent with said local law, BE IT ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO. -2013 Section 1. Code Amendment. Section 342-18 (Duty to Construct and Maintain Sidewalks) of the City of Ithaca Code is hereby amended as follows: Upon notice from the Board of Public Works, it shall be the duty of the owner of any property subject to Section C-73.1 of the Charter to properly construct and maintain a sidewalk in front of his/her property. However, no person shall proceed with the construction, reconstruction or repair of any sidewalk without obtaining a street permit from the Superintendent or his/her authorized agent and a sidewalk survey request from the office of the Engineer. The Engineer shall supply line and grade and the specifications for the work to be performed. 9 September 4, 2013 Section 2. Effective Date. This ordinance shall take effect immediately in accordance with law upon the later of: (i) publication of a notice as provided in the City of Ithaca Charter and (ii) the effective date of the City of Ithaca Local Law Concerning Sidewalk Improvement Districts, No. -2013. Carried Unanimously A request was made to change the order of the agenda to accommodate the Spencer Road residents present in the audience. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Environmental Review for the Allocation of Funds for the 2013 Ithaca Urban Renewal Agency (TURA) Action Plan — Resolutions A. City of Ithaca 2013 Entitlement Grant Action Plan — Designation of Lead Agency Status for Environmental Review - Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister 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 adoption of the 2013 City of Ithaca Entitlement Grant Action Plan includes both Type II and Unlisted Actions pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself lead agency for the environmental review of the City of Ithaca Entitlement Grant 2013 Action Plan. Carried Unanimously B. City of Ithaca 2013 Entitlement Grant Action Plan -- Environmental Review - Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Urban Renewal Agency (TURA) and the City of Ithaca have adopted an Action Plan allocating funds to various activities to be implemented with federal Entitlement Funds for the 2013 Program Year, and WHEREAS, the use of such funds requires environmental review under both the National Environmental Protection Act (NEPA) and the State and City of Ithaca Environmental Quality Review Ordinance (SEQR/CEQRO), and WHEREAS, NEPA regulations require the designation of a Certifying Officer, responsible to conduct the NEPA environmental review, and WHEREAS, each activity has been categorized as required under both laws, in the attached table titled "2013 Entitlement Activities — Classification for Environmental Review", and WHEREAS, NEPA classification of the activities reveals that all of the activities contained in the FY 2013 Action Plan, except for Stone Quarry Apartments, qualify as exempt or categorically excluded actions and are therefore not subject to further environmental review, and WHEREAS, an Environmental Assessment for Activity #1 Stone Quarry Apartments for NEPA review has been prepared, and WHEREAS, classification according to SEQR/CEQRO of the activities reveals that all of the activities contained in the 2013 Action Plan, except Activity #1 Stone Quarry Apartments and Activity #5 Ithaca Skateboard Park Renovations, qualify as Type II actions and are therefore not subject to further environmental review, and WHEREAS, the environmental impact of Activity #1 Stone Quarry Apartments was reviewed by the City of Ithaca Planning and Development Board on October 23, 2012, and the project was determined to result in no significant impact on the environment pursuant to CEQRO and SEQRA, and 10 September 4, 2013 WHEREAS, the final design for the Activity #5 Ithaca Skateboard Park Renovation is not yet developed and the size and location of the expansion must be known in order to undertake proper environmental review under SEQR/CRQRO, and WHEREAS, this review will be undertaken as part of the site plan review for the skateboard park renovation and is required to be completed before any federal funds are expended for the project, and WHEREAS, the Common Council, acting as Lead Agency in environmental review, has on September 4, 2013 reviewed and accepted as adequate: a table labeled "2013 Entitlement Activities—Classification for Environmental Review" dated July 12, 2013; the Environmental Assessment for Stone Quarry Apartments, dated July 2013; a copy of the City of Ithaca Full Environmental Assessment Form part III for Stone Quarry Apartments, dated October 23, 2012; and Environmental Assessment and Compliance Findings for the Related Laws forms for each activity; and WHEREAS, the Planning and Economic Development Committee considered this matter at its August 14, 2013 meeting and recommended the following; now, therefore, be it RESOLVED, That the City of Ithaca Common Council determines that, under SEAR/CEQRO, the 2013 Entitlement Grant Action Plan activities 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 for all activities except Activity #5 Ithaca Skateboard Park Renovation, and be it further RESOLVED, That the City of Ithaca Common Council, acting as the Responsible Entity (R.E.) has determined that the projects funded through the 2013 Entitlement Grant will have no significant impact on the human environment; therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required for the proposed activities, and be it further RESOLVED, That no federal funds will be released for renovation of the skateboard park until such time as the environmental review under SEAR/CEQRO for this project is complete, and be it further RESOLVED, That the City of Ithaca Common Council hereby designates the IURA Director of Community Development as the Certifying Officer for the purposes of the NEPA environmental review of the 2013 Action Plan. Alderperson Brock requested that Activity #1 Stone Quarry Apartments be removed from the table that indicates there is "no significant human impact". She stated that it is her position that the project has a significant environmental, social and economic impact on the human environment which is not adequately mitigated and therefore should not be approved as having "no significant human impact". She cited the following concerns: 1. The use variance granted to the Project acknowledges "a relatively high density residential development (23 dwelling units/acre) to an area of lower density residential and commercial land use" which will lead to further degrading of the neighborhood to high density, without benefit of a comprehensive or community-based overview. a. The project takes two parcels in a R -2a zone (with a current use variance limited to automotive uses), and proposes to subdivide off a piece of a B-5 zone to attach to the R -2a parcel, to allow development of 35 units in a zone which would otherwise only allow 20 units (75% more units than allowed in an R -2a zone). b. The project further proposes two 180' rows of 8 -unit townhomes in a zone limited to two-family semi-detached housing c. This project attaches a separate commercial parcel to a residential parcel and extends the higher density use across the entire parcel. Transition Zoning is only allowed on properties where a parcel is split by zoning, and limits the less restrictive use to enter 30' into the more restrictive use. Allowing this distortion of the zoning rules is a dangerous precedent to set. d. The entire Spencer Road neighborhood is R -2a abutting a commercial zone. Once this project goes forward, other projects will follow suit and further degrade the R -2a two-family neighborhood character. 2. The Project has a significant impact on the neighborhood population, with the introduction of approximately 105 residents to a neighborhood of between 47 (223% increase) and 102 (102% increase), dramatically affecting the neighborhood character. The Project significantly impacts density of land use, and conflicts with adopted zoning maps and plans. 11 September 4, 2013 3. It is outside the scope of the Project to mitigate impacts on traffic or pedestrian safety, and as such no mitigations are being conducted as a part of the Project. While the property has been granted a variance to allow 1:1 parking (1 space per unit) with the presumption that residents will walk or bike to work/school, it is unlikely that improvements to transportation infrastructure will occur in the next several years, thus negatively impacting the quality of life of area residents who will face increased congestion and safety concerns with residents walking on narrow and high -traffic streets with children, strollers, bicycles. She stated her belief that this project has put the goals of affordable housing ahead of planning goals, zoning protections and quality of life concerns and that the project is wholly inconsistent in scale with the surrounding neighborhood, actively dissolving the low-density character of the neighborhood. Amending Resolution: By Alderperson Brock: Seconded by Alderperson Clairborne RESOLVED, That the Stone Quarry Apartments project be removed from the table of 2013 Entitlement Activities, and be it further RESOLVED, That the language in the second -to -last Whereas clause relating to the Stone Quarry Apartments be removed from the Resolution. Alderperson McCollister acknowledged that the Spencer Road/Stone Quarry Road intersection is one of the most challenging intersections in the City for both vehicles and pedestrians. She thanked the neighborhood residents for spending time educating Council members on the issues facing that area of the City and noted that there are great opportunities for street and sidewalk improvements. While she empathized with the residents regarding the of lack of notification of this project, she explained that the project has received approval from the Planning Board, Board of Public Works, Ithaca Urban Renewal Agency and the Board of Zoning Appeals and she did not think it would not be appropriate for Common Council to try to reverse those actions at this time. Alderperson Proulx voiced his concern about the scope of the variances issued by the Board of Zoning Appeals and the Planning Board, and noted that he would have preferred having the opportunity to discuss the broader issues about the character of the neighborhood, level of density, and which zoning designations might be appropriate for that area with Council before action was taken. He clarified that the question before Council tonight, is about the environmental significance and impact of the project. He voiced his support for the Amending Resolution; however, noted that if it should fail, he would also support the Resolution as proposed. Alderperson Murtagh expressed his apologies to the neighborhood residents for not being aware of, and prepared to respond to, the controversy surrounding this project at the Planning Committee meeting. He stated that the project looks good on paper and this is the type of housing that the City is interested in supporting; however, the existing street, sidewalk, and lighting conditions must be improved to make the project successful and the neighborhood whole. He further voiced his concern regarding the breakdown in communication between Ithaca Neighborhood Housing Services (INHS) and the area residents. He stated that he would not support the Amendment but would support infrastructure improvements. Alderperson Dotson voiced her support for the project and for the development of real solutions to the challenges in the area. Discussion followed on the floor regarding the future use of Stone Quarry Road as the Towns of Ithaca and Danby pursue development goals. The Road is currently used as a short-cut to the southwest shopping area of the City. Alderperson Fleming questioned what the impact of the Amendment would be. Deputy Director of Community Development Kittel responded that she is not clear as the project has already received zoning and site plan review approvals, and was approved by Common Council and HUD at the time of funding the project. Alderperson Kerslick thanked the area residents for taking time to voice their concerns at numerous meetings and for educating Common Council on the conditions of the area. He voiced his support for the project and the proposed infrastructure improvements that have been requested by the neighbors. Alderperson Clairborne stated that he would be supporting the Amendment in order to provide the needed time to make sure that the priorities of this project are met. He voiced his concern regarding the breakdown in communications between INHS and the neighborhood. He further 12 September 4, 2013 stated that he supports the project and the City's goal of increasing affordable housing options but would like to make sure the residents' concerns are addressed. INHS Executive Director Mazzarella explained that the environmental review decision before Council relates to the release of $370,000 in Federal funds that the City would control. The total project budget is nearly $10 million. While losing these funds would be significant, it does not necessarily mean that the project will not be undertaken. The main source of funding that would be used for the project is the Federal Low Income Housing Tax Credit Program, administered by New York State. There is only one application period per year which is in early December. If funded, the award would be made in April or May and construction could begin after that. The project would take approximately one year to build. Mr. Mazzarella further stated that he is disheartened by the lack of support of this project by the neighborhood residents. He acknowledged and apologized for the lack of communication about the project to the neighborhood, explaining that he had unexpectedly become a full-time caregiver to a family member who had a medical emergency and it impacted his work. He stated that the project has been already been approved and it cannot be modified at this time without having to go through the entire process again. Further discussion followed regarding use variances, and the environmental assessment. A vote on the Amending Resolution resulted as follows: Ayes (2) Brock, Clairborne Nays (8) Dotson, Murtagh, McCollister, Fleming, Smith, Kerslick, Proulx, Mohlenhoff Failed (2-8) Main Motion: A vote on the Main Motion resulted as follows: Ayes (9) Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Nays (1) Brock Carried (9-1) 2013 Entitlement Activities—Classification for Environmental Review July 12, 2013 13 Project Classification NEPA SEQR/CEQR 1 Stone Quarry Apartments EA required Type I, Review is complete. 2 Homeowner Rehab 2013 Categorically Excluded, Type II Subject to Sec. 58.5 No further review 3 Mini -Repair Program 2013 Categorically Excluded, Type II Subject to Sec. 58.5 No further review 4 Housing Scholarship Program Categorically Excluded, Type II Not Subject to Sec. 58.5 No further review 5 Security Deposit Assistance Program Categorically Excluded, Type II Not Subject to Sec. 58.5 No further review 6 701 Cliff Street Demolition Categorically Excluded, Type II Subject to Sec. 58.5 No further review 7 Economic Development Loan Fund Reviewed on a project by Type II project basis No further review 8 Hospitality Employment Training Exempt Type II Program No further review 9 Downtown Construction Loan Program Exempt Type II No further review 10 Work Preserve Job Training Program Exempt Type II No further review 11 Rt. 13 Pedestrian Crossings Categorically Excluded, Type II Subject to Sec. 58.5 No further review 13 September 4, 2013 12 DICC Sidewalk Improvements Categorically Excluded, Type II Subject to Sec. 58.5 No further review 13 Emergency Domestic Violence Shelter Categorically Excluded, Type II Rehab Subject to Sec. 58.5 No further review 14 Southside Gym Acoustics Categorically Excluded, Type II Subject to Sec. 58.5 No further review 15 Ithaca Skateboard Park Renovation Categorically Excluded, Unlisted Action Review Subject to Sec. 58.5 Required when desdan is finalized 16 NLI Job Readiness Internship Exempt Type II No further review 17 Temporary Ramp Loan Program Exempt Type II No further review 18 2-1-1 Tompkins Call Center Exempt Type II No further review 19 Ithaca Free Clinic Exempt Type II No further review 20 CDBG Grant Administration Exempt Type II No further review 21 HOME Grant Administration Exempt Type II No further review Note: The final design for the skateboard park is not complete. Environment Review for this activity will be undertaken at a later date when the necessary information is known. 11.4 Resolution Directina the Citv of Ithaca Enaineerina Division to Analvze and Recommend Potential Improvements to the Spencer/Stone Quarry Road Intersection & Pedestrian Connections to the City Sidewalk Network - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, on September 5, 2012, Ithaca Neighborhood Housing Services submitted a site plan review application for the construction of 35 units of new rental housing, to be known as the Stone Quarry Apartments, to be located at 400 Spencer Road in the City of Ithaca. The apartments will be permanently affordable to low- to moderate -income households. The units will be in one 3 -story building and two rows of 2 -story townhouses. Site improvements will include: a 36 -space parking area; pedestrian walkways; a recreation area with a playground and basketball court; lawn areas; and landscaping. The applicants are also proposing to install a sidewalk, tree lawn, and street trees along the property on Spencer Road, and WHEREAS, at the September 25, 2012, meeting of the Planning and Development Board, a public hearing was held for the project and several neighbors raised concerns about traffic congestion and pedestrian safety, particularly the need for sidewalks on Spencer Road, and WHEREAS, on October 12, 2012, the project received a negative declaration of environmental significance by the lead agency for project review, the City of Ithaca Planning and Development Board, and WHEREAS, on November 20, 2012, the project received a use variance and an area variance from the Board of Zoning Appeals after a positive recommendation from the Planning and Development Board and the Ithaca Urban Renewal Agency, subject to the condition that "the applicant address with the City the problem of foot and vehicular traffic," and WHEREAS, on November 27, 2012, the project received final site plan approval by the Planning and Development Board, and WHEREAS, also on November 27, 2012, the Planning and Development Board, after considering the concerns of the neighbors to the project, voted unanimously to pass a resolution to the Board of Public Works requesting, as expeditiously as possible, that they : (1) develop and implement a plan for providing pedestrian connections between the project site area on Spencer Road and nearby transit stops and shopping areas; and (2) develop and implement a plan for improving the operation of the Spencer Road and Stone Quarry Road intersection, and 14 September 4, 2013 WHEREAS, on June 5, 2013, the City of Ithaca Common Council, in a unanimous vote (9 — 0) approved the City of Ithaca Entitlement Grant Action Plan that included funding for the Stone Quarry Apartments, and WHEREAS, on September 4, 2013, the City of Ithaca Common Council, as lead agency, issued a negative determination of environmental significance for the City of Ithaca Entitlement Grant 2013 Action Plan with the understanding that the City would: (1) develop and implement a plan for providing pedestrian connections between the project site area on Spencer Road and nearby transit stops and shopping areas; and (2) develop and implement a plan for improving the operation of the Spencer Road and Stone Quarry Road intersection, and WHEREAS, establishing a cost-sharing project for the installation of sidewalks on Spencer Road is potentially an eligible expense for use of the City's Community Development Block Grant (CDBG) funds, administered by the Ithaca Urban Renewal Agency (TURA), now, therefore, be it RESOLVED, That the City of Ithaca Common Council directs the City of Ithaca Engineering Division to analyze and recommend potential improvements to the Spencer/Stone Quarry Road intersection and pedestrian connections from the Stone Quarry project site to the city sidewalk network, which shall also include preliminary cost estimates for consideration of funding, and be it further RESOLVED, That the City of Ithaca Common Council requests that the Board of Public Works, with Common Council consent, investigate applying to the IURA for CDBG funds to develop a cost-sharing project for a pedestrian connection from the Stone Quarry project site to the city sidewalk network. Discussion followed on the floor with Alderpersons Mohlenhoff and McCollister expressing their concerns that the language of Resolution was too arbitrary and that a Resolved clause should be added to define a more specific action item. Mayor Myrick explained that the Engineering Division is very busy with large projects such as the Commons, Old Elmira Road, and the Water Treatment Plant, so he would prefer to present this project to them as a top priority project to be completed by the Spring of 2014. He noted that giving this top priority status will mean that another project will not get done during this time period. Alderperson Brock thanked the Ithaca Neighborhood Housing Services (INNS) for committing to providing preliminary engineering drawings to support our Engineering Division. She stressed the importance of ensuring that the pedestrian infrastructure improvements elements of the project remain intact. Alderperson Smith noted that there should be an enforcement piece added to this initiative as motorists are disregarding the traffic signage in the area. He questioned what the timeline would be to work with neighborhood residents on potential solutions. Alderperson Dotson noted that representatives of Council and staff have already begun discussions with the residents, but the engineering solutions in this area are difficult and may take some time to develop. Mayor Myrick stated that he would speak with the Engineering Division to ask them how they could make this initiative happen and what their timeline would be. The Mayor will report back on that conversation to Council, the Board of Public Works, and the neighbors within the next month. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Brock RESOLVED, That a third Resolved clause be added to the Resolution to read as follows: "RESOLVED, That after receiving the recommendations from the Engineering Division, Common Council directs the implementation of an effective plan per Common Council's intent in the aforementioned City of Ithaca's Entitlement Grant Action Plan to: (1) Develop and implement a plan for providing pedestrian connections between the project site area on Spencer Road and nearby transit stops and shopping areas. (2) Develop and implement a plan for improving the operation of the Spencer Road and Stone Quarry Road intersection." Discussion followed on the floor regarding the logistics involved with the implementation and funding of the plan and the needed law enforcement presence to change motorist's behaviors in the area. 15 September 4, 2013 A vote on Amending Resolution resulted as follows: Ayes (1) Clairborne Nays (9) Dotson, Brock, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Failed (1-9) Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Murtagh RESOLVED, That the second Resolved clause be amended to read as follows: "RESOLVED, That the City of Ithaca Common Council requests that the Board of Public Works, with Common Council consent, investigate applying to the IURA for CDBG funds to develop a cost-sharing project if possible with other municipal cooperation for a pedestrian connection from the Stone Quarry project site to the city sidewalk network." Alderperson Brock noted that it would most likely be difficult to obtain support/funding from other municipalities for pedestrian improvements to the Spencer Road/Stone Quarry Road area. Alderpersons Dotson and Murtagh amended their motion to read as follows: "RESOLVED, That the City of Ithaca Common Council directs the City of Ithaca Engineering Division to analyze and recommend potential improvements to the Spencer/Stone Quarry Road intersection and pedestrian connections from the Stone Quarry project site to the city sidewalk network, which shall also include preliminary cost estimates for consideration of funding, and exploration of inter -municipal participation, and be it further" Mayor Myrick noted that he would reach out to the Town of Ithaca to gauge their interest in participating in the redesign of the Stone Quarry Road intersection with Spencer Road as improving traffic conditions at that intersection will benefit both municipalities. A vote on the Amending Resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 11.2 Approval of Property Disposition to Ithaca Neighborhood Housing Services, Inc. (INNS) — 402 South Cayuga and 203 Third Street — Authorize Sale to Ithaca Neighborhood Housing Services, Inc. (INNS) — Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Urban Renewal Agency has acquired parcels at 402 South Cayuga Street (tax parcel # 93.-6-7) and at 203 Third Street (tax parcel # 35.-5-16) and has undertaken a process to return these vacant parcels to residential use, and WHEREAS, there were two responses to the request for proposals issued for each of these parcels, and WHEREAS, the Neighborhood Investment Committee of the IURA reviewed the responses and evaluated them according to a scoring system developed for the purpose, and WHEREAS, the proposals from INHS were scored highest for both properties, and WHEREAS, INHS proposes to develop four new owner occupied town homes at 402 South Cayuga Street which will be affordable to low-income homebuyers, and WHEREAS, INHS proposes to construct a single family home which will be affordable to a low- income homebuyer at 203 Third Street, and WHEREAS, the project site is located within the Urban Renewal Project Boundary area, and WHEREAS, the Ithaca Urban Renewal Agency (TURA) is only authorized to dispose of property to a specific buyer if such buyer is designated as an eligible and qualified sponsor (Sponsor) per section 508 of General Municipal Law and the sale is approved by Common Council, and WHEREAS, a proposed Sponsor is evaluated in accordance with adopted IURA land disposition procedures that seek to determine if the proposed Sponsor is qualified and capable of fulfilling the objectives of the project for property disposition, and WHEREAS, IURA evaluation criteria for Sponsors include: 16 September 4, 2013 • Financial status and stability • Legal qualification to operate in the State of New York and to enter into contracts with regard to the disposition, use, and development of land in questions • Previous experience in the financing, use, development and operation of projects of a similar nature • Reputation and proof of fair, reputable and ethical business practices and a record devoid of convictions and WHEREAS, one objective of the Urban Renewal Plan (Plan) is improvement of the residential environment through redevelopment, rehabilitation, conservation, and new construction to assure every family in Ithaca a decent home within its economic means, improve the economic, social and physical characteristics of the project neighborhood, and WHEREAS, redevelopment of these vacant parcels advances this Urban Renewal Plan goal, and WHEREAS, INHS's successful record of developing affordable housing in Ithaca spans over 36 years and includes nearly 200 projects demonstrating that they possess the skills, resources and capacity to complete the proposed projects, and WHEREAS, the proposed terms of sale for the property are as follows: 402 South Cayuga Street • Sale price: $ 29,000.00 • Outcome: 4 new owner -occupied residences affordable to a household earning up to 80% of area median income adjusted for household size • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 • transfer of property contingent upon site plan approval and issuance of a building permit 203 Third Street • Sale Price; $17,000.00 • Outcome: one new affordable owner -occupied single family home (affordable to a household earning up to 80% of area median income adjusted for household size) • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 • transfer of property contingent upon site plan approval and issuance of a building permit, and WHEREAS, the Ithaca Urban Renewal Agency Committee considered this matter at their July 25, 2013 meeting and determined that Ithaca Neighborhood Housing Services, Inc. satisfactorily demonstrated its qualifications and capacity to successfully undertake a project to develop owner -occupied housing at 402 South Cayuga Street and 203 Third Street and therefore designated INHS as the "qualified and eligible sponsor" eligible to acquire tax parcels # 93.-6-7 (402 S. Cayuga St.) and # 35.-5-16 (203 Third St.); now, therefore, be it RESOLVED, The Council approves the sale of the two properties to Ithaca Neighborhood Housing Services, Inc. subject to the following conditions: 402 South Cayuga Street • Sale price: $ 29,000.00 • Outcome: 4 new owner -occupied residences affordable to a household earning up to 80% of area median income adjusted for household size • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 • transfer of property contingent upon site plan approval and issuance of a building permit 203 Third Street • Sale Price; $17,000.00 • Outcome: one new affordable owner -occupied single family home (affordable to a household earning up to 80% of area median income adjusted for household size) • Conformance with the proposal received by the IURA from INHS dated April 25, 2013 • transfer of property contingent upon site plan approval and issuance of a building permit, and be it further RESOLVED, That the Mayor, subject to advice of legal counsel, is authorized to execute agreements to implement this resolution. 17 September 4, 2013 Alderperson Brock stated that a petition was circulated by residents in regards to the 203 Third Street property. She was unclear what the objections were: the idea of a home being placed on a parcel that is smaller than the neighboring parcels, or the disposition of the property to the TURA. She stated that she would support separating these parcels into two motions. Amending Resolution: By Alderperson Brock: Seconded by Alderperson RESOLVED, That 203 Third Street and 402 South Cayuga Street be considered in separate Resolutions. The motion failed for lack of a second Alderperson Murtagh explained that some residents were concerned regarding the size of the lot and whether a home could fit on it. They also had parking concerns. He stated that the home that will be placed on this lot would be similar to a property that was recently developed on Cascadilla Street, noting that this style of housing is affordable, made of quality materials, and fits the character of the neighborhood. Discussion followed on the floor with Deputy Director of Community Development Kittel regarding the IURA Committee's scoring results, and the designs of the projects. Main Motion: A vote on the Main Motion resulted as follows: Ayes (9) Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Nays (1) Brock Carried (9-1) 11.3 Approval to Change Previously Approved Terms of Disposition for 213-215 West Spencer Street and 701 Cliff Street - Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Urban Renewal Agency has signed purchase and sale agreements with the City of Ithaca for parcels at 213-215 West Spencer Road and 701 Cliff Street and has undertaken a process to return these vacant parcels to residential use, and WHEREAS, there were no responses to the request for proposals issued for either of these parcels, and WHEREAS, the Common Council stipulated that 213-215 West Spencer Street incorporate fully taxable housing in the form of an architecturally compatible multi -unit residential development, including affordable housing if feasible, and WHEREAS, the Common Council stipulated that 701 Cliff Street be redeveloped as multi -unit residential development (which includes a duplex) which is fully taxable, and WHEREAS, with these stipulations the properties are not seen as feasible redevelopment sites, and WHEREAS, the Ithaca Urban Renewal Agency considered this matter at their July 25, 2013 meeting and recommended the following; now, therefore, be it RESOLVED, That the City of Ithaca Common Council remove the development stipulations for the properties at 213-215 West Spencer Street and 701 Cliff Street and allow the IURA to sell these two properties through a realtor with no stipulations as to final use, and be it further RESOLVED, That the Mayor is authorized, subject to advice of legal counsel, to execute agreements to implement this resolution. Alderperson Clairborne stated that he will be opposing this Resolution because Common Council was very specific about the conditions when these projects were originally proposed. A vote on the Resolution resulted as follows: Ayes (9) Brock, Dotson, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Nays (1) Clairborne Carried (9-1) in September 4, 2013 City Administration Committee: 10.2 Clerk's Office - Amendment to Capital Prosect #783 — E-mail System Replacement Prosect --Resolution By Alderperson Proulx: Seconded by Alderperson Mohlenhoff WHEREAS, Capital Project #783 was established in the 2013 budget in the amount of $83,000 to replace the City's e-mail and archiving system, and WHEREAS, a Request for Proposals was issued and responses were received in April, 2013, and the City Clerk's Office conducted extensive research on each project proposal, and WHEREAS, based on the research and long-term cost and support considerations, the City Clerk's Office is recommending a hybrid solution of Microsoft Exchange for e-mail and Mirapoint's RazorSafe for e-mail archiving, and WHEREAS, the GPA Committee reviewed the available options and associated costs, and concurred with City Clerk staff that their recommendation would provide reliable service, future growth, is a long-term cost effective, and supportable solution; now, therefore, be it RESOLVED, That the City Administration Committee recommends that Common Council amend Capital Project #783 — E-mail Replacement Project - by an amount not to exceed $72,000 for a total amended project authorization of $155,000 for the purposes of replacing the City's e-mail and archiving systems, and be it further RESOLVED, That funds necessary for said Capital Project amendment be derived from an advance from the General Fund with a later repayment from the issuance of bonds. Carried (9-0) Alderperson Murtagh absent from vote 10.3 DPW - Lake Street Bridge Rehabilitation Proiect - Resolution By Alderperson Proulx: Seconded by Alderperson Brock WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall Creek, P.I.N. 375534 ("the Project") is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs for such program to be borne at the ratio of 80% Federal funds and 20% 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 Scoping, Preliminary Design, Detailed Design, Right -of - Way Incidentals ,Construction and Construction Inspection, and WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review; now therefore, be it 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 Scoping, Preliminary Design, Detailed Design, Right -of -Way Incidentals ,Construction and Construction Inspection work for the Project or portions thereof; and be it further RESOLVED, That Common Council hereby establishes Capital Project #791 Lake Street Bridge Rehabilitation in an amount not to exceed $1,464,250, and be it further RESOLVED, That the sum of $1,464,250 is hereby appropriated from Capital Project #791 and made available to cover the cost of participation in the above phases of the project; and it is further RESOLVED, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation (NYSDOT) thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further 19 September 4, 2013 RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the project to the City will be roughly no greater than 20% of said portion, currently estimated at $292,850 of the $1,464,250 authorized for this project 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 it is further RESOLVED, That this Resolution shall take effect immediately. Carried (9-0) Alderperson Murtagh absent from vote 10.4 DPW - Request for Funding for Historic Gravestone Conservation Workshop at Ithaca City Cemetery - Resolution By Alderperson Proulx: Seconded by Alderperson Brock WHEREAS, the City of Ithaca Cemetery is currently maintained by the Parks Department, and WHEREAS, over the years maintenance of the cemetery has diminished from a staff dedicated specifically to maintaining the cemetery to currently providing maintenance of it in the form of mowing five times a year and resetting approximately 5-10 headstones per year; and WHEREAS, views from the cemetery, the interesting terrain, rich history and diverse tree species composition gives this area a huge amount of potential to be a valued location for residents and visitors to the City, and WHEREAS, in its current state the cemetery appears to be a forgotten backwater of the City, that many residents are not even aware of it at all, and WHEREAS, Historic Ithaca, Inc. and the Friends of the Ithaca City Cemetery will bring stone conservator Jonathan Appell to the Ithaca City cemetery on September 20-21, 2013 to conduct a one and a half day hands-on workshop on how to assess cemetery conditions, prioritize conservation needs, re -set leaning or fallen stones, rejoin broken tablets, consolidate eroded stone, and clean tables using suitable materials, and WHEREAS, the immediate benefit is that dozens of tablets will be conserved, stabilized and/or cleaned by workshop participants during the event, creating a safer environment, a more enjoyable and respectful park setting, and serve as an impetus for future work, and WHEREAS, the total event cost is $3,500-$4,000 for the conservator's fee and $500 in other costs, for which Historic Ithaca is seeking financial and other support, and WHEREAS, the Parks Commission met on August 13, 2013 and indicated their support for the workshop, and WHEREAS, financial assistance has been obtained from Cornell University's Department of Landscape Architecture and additional financial support is being sought from other University departments and from private sources, and WHEREAS, to take advantage of this private financial support, $1,500.00 is being requested from the City of Ithaca, in addition to assistance obtaining needed materials (sand/gravel) from the Department of Public Works, and the participation of DPW Crews in the workshop, and WHEREAS, the expert guidance provided at this workshop should put the staff of the Department of Public Works in a better situation to care for and repair current and future issues with monuments and stones in the cemetery, and WHEREAS, the limited time staff have to care for the cemetery will be put to good use, with the knowledge of which areas/monuments have the most immediate need as well as knowledge of how to best repair damaged stones with techniques that will provide lasting repairs, and realize the goal of the workshop which is long-term care for this unique city park and historic cemetery, and WHEREAS, the Board of Public Works met on August 26, 2013 to review, and discuss this request, and 20 September 4, 2013 WHEREAS, the Board expressed support for the project which will empower and provide the necessary tools to both staff and volunteers from a relatively small financial investment from the City of Ithaca for a long term benefit to the entire city, residents, and visitors; now, therefore, be it RESOLVED, That Common Council hereby authorizes the release of an amount not to exceed $1,500.00 from Account A1990 Unrestricted Contingency to Account A8810-5435 Contracts for the Historic Gravestone Conservation Workshop. Carried (9-0) Alderperson Murtagh absent from vote Alderperson Proulx reminded Council that the Annual Budget Process will begin on Tuesday, October 1, 2013 with the Mayor presenting his budget to Common Council, a review of the new budget process and a Council Q &A session. 10.5 City Controller's Report: City Controller Thayer reported to Common Council on the following items: 2014 budget preparation: • Department meetings nearly complete • Health Insurance — 8% increase projected for 2014 (lower than expected) • Retirement System rates will be dropping slightly for 2014-15 • Property tax cap starting rate will be 1.66% (rate of inflation) — no pension exclusions this year — still waiting for calculations from New York State • Early estimate for other insurances (workers compensation, liability, property) indicate premium increases due to high claim volume • Still working to reduce the budget gap Sales tax collections currently running under the 2013 budget projections 2012 Financial statements and audits Controller's Office and Chamberlain's Office staff are cross -training to cover the payroll responsibilities while an employee is on medical leave. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14.1 Alderperson Proulx - Resolution Reopening Section 384-d of the Retirement and Social Security law for James Crowley as set forth in Chapter 206, Laws of 2013 By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, Common Council has previously enacted resolutions on March 6, 2013 and May 1, 2013 (the "Prior Resolutions") authorizing the City to seek state legislation authorizing Firefighter James Crowley to convert his retirement plan to the § 384-d Plan under the Retirement and Social Security Law in order to enable Firefighter Crowley's prompt retirement this year; and WHEREAS, the required state legislation authorizing such conversion was signed by Governor Cuomo on July 31, 2013, and is set forth in Chapter 206 of the Laws of 2013; and WHEREAS, the Police and Fire Retirement System requires that the Common Council enact an additional resolution subsequent to the enactment of the legislation affirming that the City will assume the additional cost of such conversion; and WHEREAS, the Prior Resolutions and the Settlement Agreement between the City and Firefighter Crowley dated February 1, 2013 set forth the cost-sharing plan between the parties, in which the City pays such additional cost and Firefighter Crowley reimburses the City for $78,640 of such additional cost by relinquishing accrued time; now, therefore, be it RESOLVED, That the governing board of the City of Ithaca does hereby assume the additional cost required to provide the reopening of Section 384-d of the Retirement and Social Security Law, pursuant to Chapter 206 of the Laws of 2013; and be it further RESOLVED, That the additional cost shall be apportioned between the City and Firefighter Crowley as set forth in the Settlement Agreement and the Prior Resolutions. Carried Unanimously 21 September 4, 2013 MAYOR'S APPOINTMENTS: Appointments to Various City Boards and Committees — Resolution 15.1 Ithaca Landmarks Preservation Commission — Resolution By Alderperson Proulx: Seconded by Alderperson Mohlenhoff RESOLVED, That Katelin Olson be appointed to the Ithaca Landmarks Preservation Commissioner to replace Ashima Krishna with a term to expire December 31, 2014. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works: Alderperson Fleming reported that the Board of Public Works received an analysis from the Parking Director showing financial losses as a result of not staffing the parking garages after 8:00 p.m. He also updated the Board on the status of parking equipment purchases and repairs. Interviews are scheduled for the Superintendent of Public Works position on Friday, October 4, 2013 and Monday, October 7, 2013. Rental Housing Advisory Commission: Alderperson Kerslick reported that the RHAC is looking for renters to fill positions on the Commission. There are currently three vacancies. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the July 17, 2013, July 31, 2013, and August 7, 2013 Common Council Meeting Minutes — Resolution By Alderperson Brock: Seconded by Alderperson Dotson RESOLVED, That the minutes of the July 17, 2013 Special Common Council meeting be approved as published, and, be it further RESOLVED, That the minutes of the July 31, 2013 Special Common Council meeting be approved as published, and, be it further RESOLVED, That the minutes of the August 7, 2013 Regular Common Council meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:45 p.m. Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor 22