HomeMy WebLinkAboutMN-CC-2002-06-05
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. June 5, 2002
PRESENT:
Mayor Cohen
Alderpersons (10) Pryor, Sams, Blumenthal, Mack, Manos,
Whitmore, Vaughan, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Director of Planning and Development – Cornish
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief - Wilbur
Neighborhood/Historic Preservation Planner - Chatterton
Economic Development Planner - Logue
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget & Administration Committee
Alderperson Vaughan requested the addition of a substitute
resolution for Item - 11.3 Designation of Lead Agency -
Contribution to IURA to Provide Loan Financing for Phase I of the
Gateway Plaza Project.
No Council member objected.
Planning & Economic Development Committee
Alderperson Manos requested the addition of a substitute
resolution for Item 10.2 - Grant Application for Ithaca
Children’s Garden.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Dryden, spoke regarding Economic Development
issues.
Larry Beck, Property Manager on West Spencer Street, spoke
regarding the widening of West Spencer Street.
Meg Cole, Director of the Ithaca Children’s Garden, spoke in
support of their request for grant money for the Children’s
Garden.
Stanton Loh, West Spencer Street resident, requested that West
Spencer Street not be widened any further than the current
proposal.
Adrienne Loh, West Spencer Street resident, spoke in support of
the proposed West Spencer Street resolution. She stated that she
hopes the residents on both sides of the street will be able to
work in concert with the Board of Public Works to create the best
possible project implementation for the entire neighborhood.
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Harriet Becker, Co-founder of the Ithaca Children’s Garden,
thanked Council for their continued support of the program.
Mary Tomlan, City of Ithaca, spoke regarding her concerns about
the inter-modal transportation center. She voiced her opposition
to the downtown location.
Elizabeth Conrey, City of Ithaca, spoke regarding the Cleveland
Avenue Park status and requested that a high level of clean-up be
done at the Tanana Gas station.
Laurie Dahl, West Spencer Street resident, spoke in support of
the proposed resolution concerning the widening of West Spencer
Street.
Fay Gougakis, City of Ithaca, spoke regarding public safety
concerns and vacancies at the Ithaca Police Department.
RESPONSE TO THE PUBLIC:
Alderperson Whitmore responded to comments made regarding the
Cleveland Avenue Park and the Tanana Oil site.
Alderperson Manos responded to the concern regarding the
Cleveland Avenue park, and reported that the appraisal has not
been received yet.
Alderperson Sams spoke in support of Alderpersons Manos and
Whitmore’s concerns regarding the Cleveland Avenue Park and urged
the Planning Department to contact the appraiser for their
report. She also responded to comments made regarding public
safety and stated that Ithaca has many positive qualities that
attention should be focused on.
Alderperson Peterson responded to comments made regarding the
inter-modal transportation center, and noted that there will be a
presentation made regarding it on June 6, 2002.
Alderperson Cogan thanked everyone for sharing their views with
Council. He stated that it is helpful to him, as a Common Council
member, to hear what people are thinking about the issues. He
addressed comments made regarding public safety concerns and
vacancies at IPD.
Mayor Cohen stated that the Cleveland Avenue Park appraisal is
due next week. He further addressed concerns regarding the
Tanana Oil site, and explained that CDBG monies were originally
awarded for the acquisition of the property. The clean up costs
are much higher. New York State is re-writing the Brownsfield
Grant legislation in regards to the reimbursement components. He
encouraged Council representatives to attend Neighborhood
Association Meetings to hear concerns. He also responded to
comments made regarding the City’s bias of student housing in
conjunction with the West Spencer Street project. He noted that
Council has tried to balance resident needs objectively.
Alderperson Pryor stated that the Downtown Merchants had the
opportunity to attend a meeting sponsored by the Downtown
Partnership, and the Interim Police Chief came to talk
specifically about the issues that have been raised regarding
public safety.
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8. CONSENT AGENDA:
8.1 Fire Department – Request to Transfer Funds
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, an Account Clerk-typist position at the Ithaca Fire
Department has become vacant due to a recent retirement, and
WHEREAS, the Department is falling behind in the administrative
duties and requests that a temporary employee be hired to fill
the current shortage; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of
an amount not to exceed $10,000 from account A3410-5105
Administrative Salaries to account A3410-5435 for the purposes of
hiring a temporary employee to assist the department with the
administrative functions through December 31, 2002.
Carried Unanimously
8.2 Fire Department – Request to Transfer Funds
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, the Ithaca Fire Department telephone system is not able
to meet the current traffic volume on the system, and is in need
of an upgrade to rectify the situation, and
WHEREAS, a cost estimate of $2,800 has been developed to upgrade
and expand the Fire Department’s voicemail and telephone system
to meet current needs; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized
Budget and Equipment List as follows:
Add: 1 Startalk Voicemail upgrade $1,483
1 Telephone system 6 port
expansion trunk cartridge 1,317
$2,800
and be it further
RESOLVED, That funds needed for said equipment shall be derived
by the transfer of an amount not to exceed $2,800 from account
A3410-5105 Administrative Salaries to account A3410-5210 Office
Equipment.
Carried Unanimously
8.3 Fire Department – Request to Amend 2002 Authorized Budget
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, the Ithaca Fire Department has received several
different sources of revenues and corresponding expenses over the
course of the year that were not budgeted for in 2002, and
WHEREAS, the sources of revenues range from grants, donations,
reimbursements and insurance recoveries in varying amounts, with
a total of $38,316.62; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized
Budget for said Fire Department items as follows:
Increase Revenue Accounts
A3410-2410 Rental of Property $ 9,200.00
-2550 Public Safety Permits 258.00
-2655 Minor Sales 153.00
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-2680 Insurance Recoveries 160.00
-2690 Other Compensation for Loss 1,589.15
-2705 Gifts and Donations 1,780.00
-2770 Unclassified Revenue 25,176.47
$38,316.62
Increase Appropriation Accounts
A3410-5110-12250 Staff Salary $ 364.00
-5125-12100 Overtime 994.50
-5210-12450 Office Equipment 2,000.00
-5405-12050 Telephone 29.45
-5415-12150 Clothing 21,000.00
-5415-12450 Clothing 223.45
-5420-12250 Gas & Oil 4.15
-5425-12050 Office Expense 34.00
-5435-12400 Contracts 2,000.00
-5440-12250 Staff Development 4,600.00
-5440-12350 Staff Development 477.00
-5460-12100 Program Supplies 1,761.60
-5460-12150 Program Supplies 30.00
-5460-12200 Program Supplies 89.47
-5475-12250 Property Maintenance 4,600.00
-5477-12250 Equipment Parts 109.00
$38,316.62
Carried Unanimously
8.4 Controller – Request Funds for Department Head/Council
Retreat
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, City Department Heads have indicated a need for a Common
Council/City Department Head Retreat, and
WHEREAS, three members of Common Council and three City
Department Heads have worked together to organize a Retreat, and
WHEREAS, the retreat to be held on May 31st has an estimated cost
of $1,200 for facilitation, food and supplies; now, therefore, be
it
RESOLVED, That Common Council hereby authorizes the transfer of
an amount not to exceed $1,200 from the Unrestricted Contingency
account A1990 to the Human Resources account A1430-5440 for the
purpose of funding said retreat.
Carried Unanimously
9. NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE
9.1 Width of the West Spencer Street Conversion to Two-way
Traffic - Resolution
By Alderperson Pryor: Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca Common Council, in its August 2000
Findings Statement to the Generic Environmental Impact Statement
for the Southwest Area Land Use Plan, committed to studying and
implementing a set of traffic mitigation measures, referred to as
the M&M Plan, but later renamed the Six Point Plan, and
WHEREAS, the goals of the Six Point Plan, as identified in the
Findings Statement, are "to protect the Southside and South-of-
the-Creek neighborhoods from the negative impacts of increased
traffic, to improve the accessibility of the project area for
people who live east and south of downtown Ithaca, and to provide
a direct route which strongly links the Southwest Area to the
downtown and to the West End/Inlet Island corridor", and
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WHEREAS, in December 2001, Common Council amended the City of
Ithaca’s Comprehensive Plan to include the October 2001 Six Point
Traffic Plan, as outlined in alternative two of the Wilbur Smith
Evaluation of the Six Point Plan, and
WHEREAS, in December 2001, Common Council agreed to make a
decision on the width of a two-way West Spencer Street no later
than the Council meeting in June 2002, with the default decision,
if no decision is made by that time, being the narrow width
option described in the Wilbur Smith Evaluation, and
WHEREAS, on December 5, 2001 Common Council declared itself Lead
Agency for the environmental review of the proposed Six Point
Traffic Plan and issued a Declaration of No Significant
Environmental Impact, recognizing that the Six Point Traffic Plan
is conceptual in nature and that as specific projects move
towards implementation they will be subject to environmental
review, and
WHEREAS, on March 6, 2002 the Board of Public Works declared
itself Lead Agency for the environmental review for the proposed
conversion of West Spencer Street to two-way traffic, and by law
is charged with the duty of conducting an appropriate
environmental review of the proposed conversion, and
WHEREAS, the design program for a two-way West Spencer Street is
to provide a better connection between the City's Downtown and
Southwest Area and to relieve traffic on nearby neighborhood
streets, and
WHEREAS, the Office of the City Engineer has provided Council
members with schematic stage information on the impacts of the
different width proposals on the adjacent private properties, and
WHEREAS, Common Council recognizes that there is a "pinchpoint"
between the Loh property and a retaining wall on the west side of
West Spencer Street, and
WHEREAS, regardless of the width of West Spencer Street, it is
evident from current projections that the Dahl and Carpenter
properties will be severely impacted, now, therefore, be it
RESOLVED, that Common Council has fulfilled its obligation under
applicable environmental law and regulations by conducting
appropriate review of the Six Point Traffic Plan as of this date,
and be it further
RESOLVED, that West Spencer Street be designed to accommodate
between 6,000 and 10,000 vehicles per day, as projected in the
Wilbur Smith Evaluation, and be it further
RESOLVED, that designs for the conversion of West Spencer Street
to two-way traffic, exclusive of site restoration or retaining
structures, shall minimize [impacts on] acquisition of the Loh
property by not exceeding [the narrowest width as set forth in
the Wilbur Smith Evaluation (38 feet)] 38 feet in the area
adjacent to the Loh property and [shall only include:
a sidewalk on the west (downhill) side of the street
snow storage on both sides of the street
shared use travel lanes for automobiles and bicyclists].
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and be it further
RESOLVED, that designs for the rest of the West Spencer Street
conversion (on either side of the Loh property) shall include:
a sidewalk on the west (downhill) side of the street
snow storage on both sides of the street
a tree lawn on the west (downhill) side of the street
[shared use] two-way travel lanes for automobiles and
bicyclists, and
parking spaces on the west (downhill) side of the street
approximately equal to the number of parking spaces currently
existing on the street, and be it further
RESOLVED, that the street components listed in the previous
"Resolved," exclusive of site restoration or retaining
structures, shall not exceed 50 feet, within the existing right
of way, and be it further
RESOLVED, that the Board of Public Works will proceed with next
steps in the planning process for the widening of West Spencer
Street, including opportunities designed by staff for public
participation similar to those provided to neighbors and the
public in the design of the South Plain Street Bridge over Six
Mile Creek project, and be it further
RESOLVED, that, so far as is consistent with the constitutional
limitations on a municipality's acquisition of private property
for governmental purposes, the City of Ithaca will consider the
Dahl's preference for relocating their home at 213 West Spencer
Street; in the event that the cost of such a relocation
(including moving and restoring the house to habitable condition,
site restoration, and other such costs associated with such a
house moving) is commensurate with the cost to the City of
acquiring the property and demolishing and removing the house,
and such a relocation is compliant with all statutory and
regulatory requirements of the State of New York and City of
Ithaca, the City will relocate the house or arrange and pay for
such relocation.
Alderperson Pryor explained the changes that had been made to the
resolution since the May 1, 2002 Council meeting and noted that
the new language is underlined and the language being deleted has
been bracketed.
Alderperson Vaughan expressed concern over the lack of buffering
on the down hill side of the street.
Alderperson Pryor responded that some type of buffer may be
possible with the actual design of the street.
Extensive discussion followed on the floor regarding the time
that has been spent developing this resolution and how it will
affect the neighborhood and the City. Common Council members
thanked Alderperson Pryor and the Neighborhood and Community
Issues Committee for their hard work on this very difficult
resolution.
June 5, 2002
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Alderperson Manos asked if operators of emergency vehicles have
been consulted for their input. Mayor Cohen responded that they
would be consulted as part of the street design process.
June 5, 2002
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Amending Resolution:
By Alderperson Hershey: Seconded by Alderperson Sams
RESOLVED, that the wording in the seconded bulleted item under
the fourth Resolved Clause be amended to remove the words “on
both sides of the street”
Discussion followed on the floor with Alderperson Pryor
explaining that snow storage is typically considered part of the
streetscape. The issue Council is considering is how wide the
streetscape should be. It was clarified that the proposed
language was already being deleted for the section of the road
that Alderperson Hershey was concerned with, in the third
Resolved clause.
Alderpersons Hershey and Sams withdrew their amendment.
Main Motion
A vote on the Main Motion without an Amendment resulted as
follows:
Carried Unanimously
10. PLANNING & ECONOMIC COMMITTEE:
10.1A Grant Applications for Clean Water/Clean Air Bond Act
By Alderperson Seconded by Alderperson
A. Grant Application for Cascadilla Boathouse
B. Grant Application for Winter Village Trail
C. Grant Application for Stewart Park Lake Edge and
Municipal Pier
Applications for the Winter Village Trail and Stewart Park Lake
Edge and Municipal Pier were removed from consideration by Common
Council after recommendation by staff from the Planning
Department.
10.1A Grant Applications for Clean Water/Clean Air Bond Act
for Cascadilla Boathouse
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca is applying to the New York State
Office of Parks, Recreation and Historic Preservation for a grant
under the Environmental Protection Act or the Clean Air/Clean
Water Act to fund the rehabilitation of the Cascadilla Boathouse
in Stewart Park, now, therefore, be it
RESOLVED, that H. M. VanCort, as the Director of Planning and
Development of the City of Ithaca, is hereby authorized and
directed to file an application for funds from the New York State
Office of Parks, Recreation and Historic Preservation in
accordance with the provisions of Title 9 of the Environmental
Protection Act of 1993, or Title 3 of the Clean Air/Clean Water
Bond Act of 1996, in an amount not to exceed $133,670, and upon
approval of said request to enter into and execute a project
agreement with the State for such financial assistance to the City
of Ithaca for the rehabilitation of the Cascadilla Boathouse and
be it further
RESOLVED, that the required City matching share of $133,670 shall
be derived by the issuance of serial bonds.
City Historic Planner Chatterton presented Priority 1 and Priority
2 lists for Council’s consideration, and reviewed the various
components of each list. She explained that this grant is the
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only program that offers monies for historic preservation of
buildings.
Extensive discussion followed on the floor regarding where the
matching grant monies would come from and what items need to be
completed in order to preserve the building from further
deterioration.
Motion to Table:
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, That this item be tabled from discussion until further
information can be provided.
Carried Unanimously
RECESS
On a motion Common Council recessed at 9:15 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 9:30 p.m.
10.2 Grant Application for Ithaca Children’s Garden
By Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, the Ithaca Children’s Garden, Inc. is applying to the
New York State Office of Parks, Recreation and Historic
Preservation (OPRHP) for a grant under the Environmental
Protection Fund or Clean Water/Clean Air Bond Act for a park
project to be located in Cass Park, a site located within the
territorial jurisdiction of the City of Ithaca Common Council,
and
WHEREAS, as a requirement under the rules of these programs, said
not-for-profit corporation must obtain the “approval/endorsement
of the governing body of the municipality in which the project
will be located”; now therefore be it
RESOLVED, That the Common Council of The City Of Ithaca hereby
does approve/endorse the application of the Ithaca Children’s
Garden, Inc. for a grant under the Environmental Protection Fund
or Clean Water/Clean Air Bond Act for a park project known as
“The Ithaca Children’s Garden” to be located at the southern end
of Cass Park.
City Attorney Schwab stated that she has reviewed the narrative
of the project summary, along with the resolution. She noted that
the third paragraph from the bottom of the narrative entitled,
“status of pre-construction planning document” stated that the
Ithaca City Common Council, the New York State Assembly and the
Senate have approved the location and design of the Children’s
Garden. She stated that the location has been approved, however
Council has never approved the design of the Children’s Garden.
Alderperson Blumenthal suggested that the word “conceptual” be
added before the word design in the second sentence.
City Attorney Schwab further noted that the last Resolved Clause
states that “said property shall be forever maintained by the
City of Ithaca as a municipal park in this community.” She
stated that it is not in the City’s best interest to restrict the
future use of that land if the Children’s Garden does not
succeed. She further stated that the State legislation regarding
use of parkland is very clear, and this language is not
necessary.
June 5, 2002
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Mayor Cohen suggested that the language in the resolution be
consistent so the resolved clause should read “approve/endorse.”
This was accepted as a friendly amendment.
City Attorney Schwab requested that narrative draft be clarified
in the last paragraph that the lease of the 3.042 acres is a 25
year lease, not a lease in perpetuity.
Deputy Director of Planning Cornish clarified that this grant
application will not compete with the City’s grant application
because they are being considered in separate categories:
municipal versus not-for-profit.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 Grant Application for Inlet Island Promenade Project Under
the Environmental Protection Fund or Clean Water/Clean Air Bond
Act
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca is applying to the New York State
Office of Parks, Recreation and Historic Preservation for a grant
under the Environmental Protection fund and/or Clean Water/Clean
Air Bond Act for the Inlet Island Promenade Project, a 2,000
linear foot multi-use recreation trail located along the western
shoreline of Inlet Island linking Brindley Park with Lookout
Point, a site located within the territorial jurisdiction of this
Common Council, and
WHEREAS, as a requirement of the rules of these programs, said
proposed waterfront trail and associated sites must obtain the
“approval/endorsement of the governing body of the municipality
in which the project will be located,” and
WHEREAS, such grant requires a minimum 50% match from the
applicant that may include cash and/or the value of force account
labor, real property, professional services, labor, equipment,
supplies and materials, but not Federal or State Funds, now,
therefore, be it
RESOLVED, that the Common Council hereby approves and endorses
the application for a grant under the Environmental Protection
Fund for the Inlet Island Promenade Project to link Brindley Park
with Lookout Point, and be it further
RESOLVED, that the Common Council hereby authorizes the Ithaca
Urban Renewal Agency to administer and implement the grant
project in accordance with all applicable regulations and
requirements.
Extensive discussion followed on the floor regarding where the
City’s matching share of $200,000 would come from for this grant
application.
Motion to Table:
By Alderperson Whitmore: Seconded by Alderperson Vaughan
RESOLVED, that this item be tabled so that additional information
may be obtained and reconsidered later in the meeting.
Carried Unanimously
City Controller Thayer stated that Capital Project 375 includes
the Inlet Island Improvements as well as the parking lot
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improvements. He further noted that $100,000 was bonded for the
parking lot and $175,000 was bonded for Inlet Island
Improvements.
Deputy Director of Planning and Development Cornish stated that
there is $275,000 of eligible matching funds that does not
include staffing or in kind services.
Motion to Put Back on the Table:
By Alderperson Hershey: Seconded by Alderperson Whitmore
RESOLVED, that Item 10.3 be removed from the table for further
discussion and consideration.
Carried Unanimously
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Manos
RESOLVED, that the an additional Resolved Clause be inserted
after the first Resolved clause to read as follows:
“RESOLVED, that the City shall apply for a $200,000 grant and
that the required City matching share of $200,000 shall be
derived from Capital Project #375.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion As Amended resulted in the following:
Carried Unanimously
11. BUDGET & ADMINISTRATION COMMITTEE
11.1 DPW – Request to Establish Stewart Avenue Bridge over Fall
Creek Capital Project
By Alderperson Vaughan: Seconded by Alderperson Mack
WHEREAS, a Project for the Design Phases for the rehabilitation of
the Stewart Avenue Bridge over Fall Creek, B.I.N. 2210620, P.I.N.
375399 for $211,000 (“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 of 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 and Design (Phases I-VI), and
WHEREAS, the Board of Public Works approved the above-subject
project at its regular meeting on April 10, 2002, and
WHEREAS, the Board of Public Works recommends that Common Council
hereby authorize the City of Ithaca to pay in the first instance
100% of the federal and non-federal share of the cost of Scoping,
Design (Phases I-VI), Construction and Construction Inspection for
the Project or portions thereof, and
WHEREAS, the Board of Public Works has estimated the Project
budget for design as follows:
Scoping $ 53,000
Preliminary Design 63,000
Detailed Design 95,000
$211,000
and
WHEREAS, the Board of Public Works recommends, in the event the
full federal and non-federal share costs of the project exceeds
June 5, 2002
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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 NYSDOT
thereof; now, therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project
#460 in an amount not to exceed $211,000 for the Design of the
Rehabilitation of Stewart Avenue Bridge over Fall Creek, 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 NYSDOT to secure Federal Aid and Marchiselli Aid
on behalf of the City of Ithaca and the Superintendent of Public
Works be authorized to sign all necessary construction documents,
contracts, certifications and reimbursement requests, and be it
further
RESOLVED, That Common Council hereby authorizes the Superintendent
of Public Works to administer said project, and be it further
RESOLVED, That this project is being undertaken with the
understanding that the project meets Marchiselli eligibility
criteria and that should those funds become available the City’s
local cost will drop from 20% to approximately 5% of the final
approved project, or from $42,200 to $10,550 of the $211,000
authorized for the project, in monies and in-kind services as
managed by the Superintendent and monitored by the City
Controller, and be it further
RESOLVED, That funds needed for said project shall be derived by
the issuance of Serial Bonds with later payment of between 80% and
95% by Federal and State funds.
Discussion followed on the floor regarding the structural status
of the bridge and the DPW bridge project priorities. Mayor Cohen
requested that the North Cayuga Street pedestrian bridge issue be
given priority.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.2 DPW – Request to Amend Authorization for North Cayuga Street
Bridge over Fall Creek Capital Project
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, Common Council, at its regular meeting of April 7, 1999,
approved Capital Project #382 in the amount of $745,000 for the
North Cayuga Street Bridge over Fall Creek, and
WHEREAS, Engineering cost estimates for said bridge project have
increased since 1999 to a total estimated project cost of
$1,057,000, and
WHEREAS, a Project for the rehabilitation of the North Cayuga
Street Bridge over Fall Creek, B.I.N. 2210600, P.I.N. 375305 for
$1,057,000 (“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 such program to be borne at the ratio of 80% Federal funds
and 20% non-federal funds, and
June 5, 2002
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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, Design (Phases I-VI), Construction, and Construction
Inspection; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 382
North Cayuga Street Bridge over Fall Creek by an amount not to
exceed $312,000 for said bridge project, and be it further
RESOLVED, That 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, Design (Phases I-VI), Construction,
and Construction Inspection for the Project or portions thereof,
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, Common
Council of the City of Ithaca shall convene as soon as possible to
appropriate said excess amount immediately upon notification by
the 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 NYSDOT to secure Federal Aid and Marchiselli Aid
on behalf of the City of Ithaca and the Superintendent of Public
Works be authorized to sign all necessary construction documents,
contracts, certifications and reimbursement requests, and be it
further
RESOLVED, That this project be undertaken with the understanding
that the final cost to the City of Ithaca will be roughly five
percent (5%) of the final approved project cost, currently
estimated at $52,850 of the $1,057,000 authorized for this
project, in monies and in-kind services as managed by the
Superintendent of Public Works and monitored by the City of Ithaca
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 to
it any necessary Agreement in connection with the Project, and be
it further
RESOLVED, That funds needed for said project shall be derived by
the issuance of Serial Bonds with later repayment of the 95% by
Federal and State funds.
Alderperson Hershey explained pedestrian issues involved in the
bridge replacement project and alternative safe routes for
students to get to the junior and senior high schools. Extensive
discussion followed on the floor regarding possible bridge
alternatives.
Amending Resolution:
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
RESOLVED, that the first resolved clause be amended to read as
follows:
“RESOLVED, that Common Council hereby amends Capital Project 382
North Cayuga Street Bridge over Fall Creek by an amount not to
exceed $392,000 for said bridge project, and be it further”
and, be it further
June 5, 2002
14
RESOLVED, that the fifth Resolved Clause be amended to read as
follows:
“RESOLVED, that this project be undertaken with the understanding
that the final cost of the City of Ithaca will be roughly twelve
percent (12%) of the final approved project cost, currently
estimated at $132,850 of the $1,137,000 authorized for this
project, in monies and in-kind services, as managed by the
Superintendent of Public Works and monitored by the City of Ithaca
Controller, and be it further”
Ayes (8) Hershey, Blumenthal, Pryor, Manos, Mack,
Vaughan, Sams, Peterson
Nays (2) Cogan, Whitmore
Carried
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Economic Development Director McDonald explained the history of
Eddygate Project and its financing components.
11.3 Designation of Lead Agency - Contribution to IURA to Provide
Loan Financing for Phase I of the Gateway Plaza Project
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, State Law and Section 176.6 of the City Code require that
a lead agency be established for conducting environmental review
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed action to contribute funding to the IURA for
loan financing of phase I of the Gateway Plaza project is an
Unlisted Action pursuant to the City of Ithaca Environmental
Review Ordinance and to the New York State Environmental Quality
Review Act, which requires review under the City’s Environmental
Quality Review Ordinance, and
WHEREAS, the Planning & Development Board previously declared
itself as lead agency for the physical development of the Gateway
Plaza project and determined the project did not have a
significant impact on the environment, now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself as lead agency for the environmental review of the
contribution to the IURA to provide loan financing for phase I of
the Gateway Plaza Project.
Carried Unanimously
11.3A Determination of Environmental Significance – Contribution
to IURA to Provide Loan Financing for Phase I of the Gateway Plaza
Project
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, the Common Council proposes to contribute $689,959.43 to
the Ithaca Urban Renewal Agency (IURA) for the purpose of
providing loan assistance to Gateway Plaza Associates, LLC to
undertake Phase I of the Gateway Plaza project, and
June 5, 2002
15
WHEREAS, on February 26, 2002 the Planning and Development Board,
as lead agency, resolved that the Gateway Plaza Development
project did not have a significant impact on the environment and
filed a Negative Declaration for the purposes of Article 8 of the
Environmental Conservation Law in accordance with the provisions
of Part 617 of SEQR, and
WHEREAS, the proposed action to contribute funding earmarked for
loan assistance to the Gateway Plaza project is classified as an
unlisted action under the State Environmental Quality Review Act
(SEQR) and the City Environmental Quality Review Act (CEQR Sec.
176-12), and
WHEREAS, appropriate environmental review has been conducted
concluding the preparation of an Environmental Assessment Form
(EAF); now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
hereby adopts, as its own, the findings and conclusions more fully
set forth on the Environmental Assessment Form dated May 24, 2002,
and be it further
RESOLVED, That this Common Council, as lead agency, hereby
determines that the proposed action at issue will not have a
significant impact on the environment, and that further
environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative
declaration and that the City Clerk is hereby directed to file a
copy of the same, together with any attachments, in the City
Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
11.4 Contribution to the Ithaca Urban Renewal Agency of the
Eddygate Park Associates Loan Repayment to Provide Loan Financing
for Phase I of the Gateway Plaza Project
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, Gateway Plaza Associates, LLC (GPA) was formed in 2001
and is owned by Mack A. Travis and Carol G. Travis, and
WHEREAS, GPA has acquired an underutilized downtown site
encompassing the “Dean Building” and the former “Wilcox Press,” a
4.1 acre site bounded by East State Street, Six Mile Creek and
Green Street, and
WHEREAS, GPA proposes to undertake a $10-million multi-use
redevelopment project in three phases:
Phase I – 50,000 sq. ft. of office, retail and museum;
Phase II – 6,500 sq. ft. of retail
Phase III – 36-42 rental housing units, and
WHEREAS, Phase I is projected to cost $5,850,000 and consists of
redevelopment of the existing six-story Dean Building to create
approximately 40,000 sq. ft. of Class A office space and
approximately 10,000 sq. ft. of retail/museum space, and
WHEREAS, completion of Phase I is projected to significantly
strengthen the downtown economy and generate the following direct
public benefits:
June 5, 2002
16
120 jobs created/retained in downtown;
$3 million increased tax base;
$175,000 increased tax revenues to City of Ithaca over the next
10 years (after tax abatements);
$5,500 increased annual payment to the Ithaca Downtown
Partnership;
Dedication to City of Ithaca of a 25-foot wide strip of land
along Six Mile Creek for 1,200 linear feet for a pedestrian
walkway, and
WHEREAS, GPA has committed to invest at least $1.2 million of
equity into Phase I and secured loan commitments of $3.961 million
from private sector financing sources, and
WHEREAS, GPA seeks $689,959.43 of loan financing to close the
funding gap for Phase I, and
WHEREAS, GPA seeks assistance from the City of Ithaca to complete
Phase I of the Gateway Plaza project, and
WHEREAS, an analysis of the projected Phase I income and expense
statements submitted for bank financing shows that the return on
the owner’s equity investment for the project will not be
unreasonably high, and
WHEREAS, Mack Travis is the managing partner of Eddygate Park
Associates (EPA), the owner of the 64-unit Eddygate housing
project at 110 Dryden Rd. located in front of the Dryden Rd.
public parking structure in Collegetown, and
WHEREAS, Mack Travis seeks to access equity to invest in Phase I
of the Gateway Plaza project, in part, through refinancing the
Eddygate project, and
WHEREAS, refinancing the Eddygate project will result in all
creditors secured by mortgages, including the City of Ithaca,
being prepaid in full, and
WHEREAS, in the event that the proposed Eddygate refinancing is
completed, the City of Ithaca will receive an approximate lump sum
prepayment of $689,959.43 to discharge a mortgage securing a 1986
loan to EPA for acquisition of City-owned land now a part of the
Eddygate site, and
WHEREAS, the project is consistent with the Downtown Ithaca
Development Strategy: 2000 to 2010, adopted by the Downtown
Partnership, and
WHEREAS, the project site is targeted for redevelopment in the
Economic Plan for the City of Ithaca: A Program for Action, and
WHEREAS, the project is located within the Urban Renewal Project
Boundary area, and
WHEREAS, the project is in furtherance of the Urban Renewal Plan,
and
WHEREAS, the City of Ithaca is authorized by Section 503-A(4)(b)
of General Municipal Law to contribute financial assistance to the
Ithaca Urban Renewal Agency (IURA), and
June 5, 2002
17
WHEREAS, the IURA is authorized by Section 554(6) and (11) of
General Municipal Law to accept financial assistance from the City
of Ithaca to further implementation of the Urban Renewal Plan;
now, therefore, be it
RESOLVED, That Common Council hereby authorizes the loan repayment
referenced in the 13th WHEREAS above, received from Eddygate Park
Associates, be contributed to the Ithaca Urban Renewal Agency for
the purpose of providing loan assistance to Gateway Plaza
Associates, LLC to undertake Phase I of the Gateway Plaza project,
and be it further
RESOLVED, That loan assistance from the IURA to Gateway Plaza
Associates, LLC shall comply with the following minimum
guidelines:
Maximum Loan Amount: $689,959.43
Interest Rate: Not less than 4.75% annually
Term: Not to exceed 30 years
Repayment: Level monthly payments due to fully amortize
the debt over a term not to exceed 360 months
(approximately monthly payment of $3,599)
($43,188 annually)
Collateral: Sufficient to secure Loan, consistent with
commercial lending standards for quality and
quantity of collateral (subject to
negotiation)
Guarantors: (1) Mack A. Travis, individually
(2) Carol G. Travis, individually
(3) Ithaca Rentals & Renovations, Inc., a NYS
Corporation
Condition: Granting of a public easement to the City of
Ithaca on the project site of a approximately
25-foot wide strip of land along Six Mile
Creek for approximately 1,200 linear feet for
a pedestrian walkway
RESOLVED, That Common Council hereby authorizes the Mayor, upon
review by the City Attorney, to execute any and all documents, and
take any and all actions, necessary to implement this resolution,
and be it further
RESOLVED, That the annual loan repayment of $43,188 be placed back
into the City’s General Fund to assist low and moderate income
housing, and be it further
RESOLVED, That the IURA shall be reimbursed by the City for all
costs related to underwriting the loan and the Mayor and the IURA
shall negotiate a City reimbursement for the annual loan service
fee.
Discussion followed on the floor regarding the interest rate and
collateral/security for the loan.
June 5, 2002
18
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Whitmore
RESOLVED, that an additional Guideline be added in the second
Resolved Clause that would read as follows:
“Security Position: That the City be in no less than second
position in the security for the loan
among mortgagers.”
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
11.5 Mayor – Request to Reallocate Drug Court Funds
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the Drug Court has been operating out of Center Ithaca
Spaces 225A and 230A since 1998, and
WHEREAS, the Drug Court has recently moved to the old Tompkins
County Library, and
WHEREAS, the City’s lease with Center Ithaca for the Drug Court
Spaces continues until December 31, 2002 at a monthly cost of
$2,600, and
WHEREAS, Center Ithaca has found a tenant for Space 225A and
releases the City from further obligations for that space
effective June 1, 2002, and
WHEREAS, the City is still responsible for Center Ithaca Space
230A at $1,700 per month until December 31, 2002 or until a new
tenant can be found, and
WHEREAS, the Drug Court and Tompkins County have requested that
the City still commit a total of $2,600 per month to the Drug
Court for operations; now, therefore, be it
RESOLVED, That Common Council hereby reallocates $900 of the
$2,600 monthly amount currently being paid by the City for Drug
Court rent to Tompkins County for the Drug Court operations at the
old County Library, and be it further
RESOLVED, That when the remaining $1,700 of monthly rent is
available it will also be reallocated to the County for said Drug
Court operations, and be it further
RESOLVED, That Common Council encourages Center Ithaca to continue
to actively seek a new tenant for Center Ithaca Space 230A.
Carried Unanimously
12. HUMAN RESOURCES COMMITTEE:
12.1 Planning Department – Request to Increase Hours
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, during the next two to three years the Planning
Department will be involved in reviewing applications that are
projected to result in additional revenues to the City, and
WHEREAS, new construction is expected to bring in one-time
revenues between $400,000 and $500,000 in site plan review, and
June 5, 2002
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WHEREAS, in order to have adequate staffing to handle the amount
of work required, the Planning Department would need to hire 2.5
additional personnel, and
WHEREAS, the department has received authorization to fill a
half-time Environmental and Landscape Planner position, which
will assist in meeting the increased demands, and
WHEREAS, the current Planner II position is a 20 hour per week
position held by Jennifer Kusznir, and
WHEREAS, Ms. Kusznir frequently is needed to work beyond the 20
hours due to the current demands of the department resulting in
the departments request to increase her hours from 20 hours per
week to 35 hours per week, and
WHEREAS, the money to fund such an increase may be derived from
unspent funds within the department and from transferring capital
project funds for projects which Ms. Kusznir continues to
support, and therefore be it
RESOLVED, That Common Council hereby amends the 2002 authorized
City Budget as follows for purposes of increasing the hours of
said employee:
Increase Revenue Account:
A2803 – Transfer From Capital $7,328.00
Increase Appropriated Accounts:
A8020-5110 – Staff Salary $6,705.00
A8020-9010 – State Retirement 134.00
A8020-9030 – Social Security 513.00
A8020-9040 – Workers’ Compensation 26.00
and be it further
RESOLVED, That funds for said amendment shall be derived from the
following Capital Projects:
CP #367 – Southwest Area Land Use
CP #447 – Plain Street Bridge/Spencer Street Widening
CP #450 – Route 13 Improvements/Taughannock Blvd Ext.
RESOLVED, That the additional fifteen hours will be contingent
upon funding and demand.
Discussion followed on the floor regarding equity between
departmental requests.
Amending Resolution:
By Alderpersons Sams: Seconded by Alderperson Blumenthal
RESOLVED, that the second whereas clause be removed from the
resolution.
Carried Unanimously
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
June 5, 2002
20
12.2 Youth Bureau – Request to Reduce Hours and Transfer Funds
By Alderperson Peterson: Seconded by Alderperson Whitmore
WHEREAS, Eloise Barrett, a member of the Paul Schreurs Memorial
Program staff, has requested permission to temporarily reduce her
hours and work part-time for personal reasons, and
WHEREAS, the Youth Bureau proposes that the use of
temporary/seasonal staff will enable the program to honor Ms.
Barrett’s request without significantly impacting the services,
therefore be it
RESOLVED, that Common Council hereby authorizes the reduction in
hours for one Youth Program Coordinator for the Paul Schreurs
Memorial Program, Eloise Barrett, from 35 hours per week to 28
hours per week from June 30, 2002 until August 31, 2002, and be
if further
RESOLVED, that Common Council authorizes Controller Steven Thayer
to transfer $620.00 from Account #A7310-5110-1201 to Account
#A7310-5120-1201, the savings derived from the reduction in hours
to be used to hire temporary assistance.
Carried Unanimously
NEW BUSINESS:
13.2 Designation of Three (3) Common Council Members for Deputy
City Controller Search Committee
By Alderperson Whitmore: Seconded by Alderperson Hershey
RESOLVED, that Patricia Vaughan, Paulette Manos and Peter Mack be
appointed to the City Search Committee for the Deputy City
Controller.
Carried Unanimously
Human Resources Director Michelle-Nunn explained what is involved
in serving on a search committee and the time commitment
involved.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Alderperson Mack asked about the status of the advertising
campaign for Downtown merchants.
Alderperson Peterson asked about the status of the HUD audit.
Mayor Cohen stated that the Downtown advertising campaign has
been completed.
He further stated that we have not received a response from HUD
regarding the audit. The IURA has just submitted its final
information package as requested by HUD. Any information
received will be shared with Common Council.
MINUTES:
Approval of the May 15, 2002 Special Common Council Meeting
Minutes
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, that the Minutes of May 15, 2002, Special Common
Council meeting be approved after a correction is made to reflect
that the time for B & A Committee meeting is 7:00 p.m. not 7:30
p.m.
Carried Unanimously
June 5, 2002
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COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams announced that GIAC is holding its 30th annual
festival on the 21st of June.
Alderperson Hershey announced that the 4th annual Brooklyn in
Ithaca night is on Thursday, June 13th in the small pavilion at
Stewart Park from 5:00 p.m. to 7:00 p.m.
Alderperson Cogan stated that work plan for the clean up of the
Ithaca Gun lead contamination site is now available. Copies are
located in the Tompkins County library, and Olin Library on the
Cornell Campus. There will be public meetings on Thursday, June
20th, at City Hall from 11:00 a.m. to 2:00 p.m. and 4:00 p.m. to
7:30 p.m. There will be representatives from the Environmental
Protection Agency, the Department of Health, and the Department
of Environmental Conservation to answer people’s questions about
the clean up.
REPORT OF THE CITY ATTORNEY:
City Attorney Schwab informed Council that the City received a
Notice of Appeal on the 5,000 square foot zoning decision. This
notice means that the parties reserve their right to appeal the
ruling.
RECESS:
By Alderperson Mack: Seconded by Alderperson Pryor
RESOLVED, That the Common Council meeting be recessed, and will
reconvene on June 12, 2002 at 7:00 p.m.
Carried Unanimously
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor