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HomeMy WebLinkAboutMN-CC-2007-09-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. September 5, 2007 PRESENT: Mayor Peterson Alderpersons (8) Coles, Berry, Clairborne, Tomlan, Zumoff, Gelinas,Townsend, Cogan OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Planning and Development Director – Van Cort Deputy Planning & Development Director – Cornish Community Development Director – Bohn Superintendent of Public Works – Gray Fire Chief – Wilbur City Chamberlain – Parsons Historic & Neighborhood Planner – Chatterton EXCUSED: Alderperson Korherr Note: 1st Ward Alderperson Shane Seger submitted his resignation from Common Council that was effective September 3, 2007. PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. SPECIAL PRESENTATIONS BEFORE COUNCIL: 2007 “Into the Streets” Initiative A representative from Cornell University’s Public Service Center addressed Council to talk about the “Into the Streets” program that involves organizing teams of students that will provide volunteer labor to local non-profit agencies throughout the City on Saturday, October 27, 2007. This is a great opportunity for students to learn about the various community agencies and services that are available in the area that they will be living in for the next four years. The program is looking for agencies to partner with the student teams. Project request forms can be obtained from the Public Service Center. The deadline to submit requests is Monday, September 17, 2007. Alderperson Townsend stated that this is an excellent opportunity for students to get involved with the community and interact with community members. Alderperson Zumoff offered his thanks and appreciation to the many student volunteers from Cornell University, Ithaca College, and TC3 who volunteer in the community year round. Love Knows No Bounds Mike Ellis reported that New Orleans city officials are very excited about the Ithaca initiative and have suggested changing the name of this program to a “Neighborhood Adoption.” They stated that they would like to use the City of Ithaca’s Sister City/ Sister Parish Resolution as a template and model for other cities to use as they begin to partner with New Orleans. He further reported that New Orleans officials met with Pastor Bruce Davenport and members of the Parish leadership to discuss the implementation of sustainable improvements in the rebuilding of the 7th Ward. Mr. Ellis further stated that representatives from “Ithaca Hours” have volunteered to work with the 7th Ward to help set up a local currency program. In addition, Ithaca City Forester Andy Hillman has offered to do a tree study for the 7th Ward and will work with officials to set up cooperative learning tools. September 5, 2007 2 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Travis Brooks, Greater Ithaca Activities Center (GIAC), addressed Council to state that he is very proud to work at GIAC, but as a city employee he is embarrassed to be working in a building that is in such poor condition. He described the recent building and utility failures and the resulting conditions that his co-workers had to work in. He further reported that the after school program enrollment has been negatively impacted by the emergency closures of the building and the uncertainty it created. Susan Eschbach, Co-President, GIAC Board of Directors, addressed Council to request that the necessary repair work be done on the GIAC building. She further stressed the importance of having the work completed professionally and on-schedule. Joel Harlan, Town of Newfield, addressed Council regarding the need for a modern community center, southwest development, and the Loaves & Fishes program. Gerry Coles, City of Ithaca, addressed Council to urge their support and approval for the necessary repairs that need to be made to the GIAC building. He further stated that the benefits of the GIAC after school program and the senior program are vital to the community and need to be maintained. Lisa Guido, City of Ithaca, addressed Council in support of approving the necessary funding for the GIAC emergency repair work. Sue Dale Hall, Director of Child Care Development, addressed Council in support of approving the necessary funding for GIAC emergency repair work and commended the GIAC staff for the support they have given to the children. Barry Derfel, addressed Council in support of approving the necessary funding for GIAC emergency repair work and further addressed issues of racism and classism. Michael Raffe, Finance Chair of the GIAC Board of Directors and representing the American Red Cross, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC. He also thanked the Public Service Center for their “Into the Streets” program which has resulted in volunteer opportunities for the Red Cross. Suki Tabor, Ithaca Youth Bureau, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC and spoke in support of her fellow employees and the challenges involved with serving youth and families. Roberta Wallitt, Town of Ithaca, addressed Council to thank them for giving their attention to GIAC because children are our greatest resource. She further addressed Council regarding racism concerns and the perception that this issue is race related. Alex Taam, City of Ithaca, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC. He further explained that he was involved in the boxing program and commented on what a great resource GIAC was for athletic programming in the community. Brian Noteboom, Representative for Carpenter’s Local Union, addressed Council to state that the union labor being used on the Thurston Avenue Bridge, Aurora Street Bridge, and Green Garage projects have met the union’s expectations. He further noted the progress being made on the program for minority apprentices, and voiced his appreciation for the use of union workers on the Cayuga Green foundation work and the GIAC computer room construction. He encouraged Council to approve the necessary funding for the emergency repair work at GIAC. Caleb Thomas, City of Ithaca, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC and stated that a 5-10 year funding plan is needed to improve and strengthen the community center. He also voiced his support for the Southwest Urban Neighborhood development plan. September 5, 2007 3 Mike Ellis, Town of Ithaca, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC and stressed how important the funding for facility repairs is to the children of the community. He further explained how GIAC became a major partner in the New Orleans sister-city initiative. Alan Cohen, City of Ithaca, clarified that the City has been investing money into the GIAC building for years and he feels it is time to do a comprehensive review of the viability of the building. He further stated that development of the former Ithaca Gun site is a good opportunity to advance a number of initiatives in the community. Elizabeth Karabinakis, City of Ithaca, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC. Sareanda Lourdes, City of Ithaca, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC and voiced concerns regarding racism and classism. Jeff Furman, City of Ithaca, addressed Council in support of approving the necessary funding for the emergency repair work at GIAC and suggested that consideration be given to a “big” community center that would occupy an entire block of the city. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Coles stated that Common Council members have been invited to visit GIAC on September 13, 2007 at 3:00 p.m. She further thanked all the speakers for coming to the meeting and stated that Council members are listening closely to the comments and concerns raised by community members. Alderperson Coles further reported that the Red Bud Woods commemorative boulder has been delivered and the poem for it will be installed at a later date. She distributed a schedule of upcoming budget meetings and noted that the first meeting will be held October 4, 2007. She stated that it is essential to have a quorum for the first and last budget meetings as motions are needed to open and close the budget deliberations and the public hearings scheduled for those meetings. Alderperson Tomlan noted that she distributed proposed amendments for two resolutions on tonight’s agenda. Alderperson Berry thanked all the speakers for their comments. She stated that she supports GIAC and its Board and echoes many of the sentiments that had been shared regarding the need for a thorough assessment of the building and the importance of project follow through. She further stated that she had concerns regarding the comments made about racism and classism and would be interested in hearing more about them. She stated that the people and the work involved in the “Love Knows No Bounds” initiative are very inspirational and she would like to see a fund raising campaign for GIAC needs take place in the community. Alderperson Clairborne thanked the speakers for their comments and stated that it is nice to hear how GIAC programs reach so far into the community. He stated that he would be interested in developing a long-range plan for the replacement of the facility. He also updated Council on the recovery process taking place in his hometown of Coffeyville, Kansas and stated that a contribution center for donations had been established to help the flood victims in the community. City Administration Committee: 12.1 Request to Amend the Capital Project for GIAC Facility Repairs (CP #499) - Resolution By Alderperson Coles: Seconded by Alderperson Berry WHEREAS, on May 11, 2006, the City created a capital project to address emergency repair needs following the failure of portions of concrete on the exterior walls, including some pieces falling to the ground, at the Greater Ithaca Activities Center (GIAC), and WHEREAS, this repair work to the exterior masonry is on-going, and September 5, 2007 4 WHEREAS, additional masonry and related structural repairs are necessary, exceeding the capital project budget of $200,000.00, and WHEREAS, GIAC has experienced three (3) major sewer leaks since July 9, 2007, and WHEREAS, GIAC is a City department that provides essential programs, activities, and service to hundreds of youth, teens, adult, seniors, and community members daily, and WHEREAS, the sewer problems have disrupted the service to participants and community members and resulted in extraordinary demands being made on staff to keep programs running during the busy summer season, and WHEREAS, other emergency and high-priority needs have been identified at the Greater Ithaca Activities Center, and WHEREAS, structural deficiencies discovered during the emergency masonry repairs and additional areas of brick façade needing to be repointed immediately to stop water intrusion into the building have led to costs exceeding the original capital project budget, and WHEREAS, emergency plumbing repairs have been made during the summer and additional repairs are needed as soon as possible to prevent another plumbing failure, and WHEREAS, City staff are recommending an evaluation of the building systems to establish the immediate needs of the building and to assess systems for the likelihood of significant problems or failures in the near future, and WHEREAS, it is desirable to re-point the entire building (as opposed to the re-pointing now occurring in limited areas of the building) to seal the entire building envelope, preventing the spread of the mold problems now being experienced, and giving the building a uniform exterior appearance, and WHEREAS, it is necessary to caulk around the windows of the building to prevent moisture from getting inside the walls, and WHEREAS, the exterior doors on Albany Street do not function properly and no longer meet fire code or safely serve program participants and need to be replaced, and WHEREAS, repairs need to be made to one exit door to make it operable, and WHEREAS, the GIAC building currently has limited hot water and does not have a working boiler to meet heating needs of the upcoming fall and winter seasons, WHEREAS, the estimated additional cost of the project is $306,000.00, now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #499 GIAC Emergency Facility Repairs at a cost not to exceed $306,000.00 for a total project authorization of $506,000.00 for repairs to the GIAC facility and evaluation of the building systems, and, be it further RESOLVED, That the project funds shall be advanced by the General Fund and later repaid by the issuance of Serial Bonds. Alderperson Coles explained that the following items are included in this capital project: emergency plumbing repairs, window caulking, re-pointing, exterior door replacement, industrial hot water heater and boiler, and structural analysis which is a key aspect of the project. GIAC Director Fort reported that the boiler is beyond repair and will not even get through to the start of this heating season. She further reported that she would be working with staff on a relocation plan in case a new system cannot be installed before September 5, 2007 5 cold weather arrives. She also thanked the community for their support and for all of the offers that have been extended for relocation space. Alderperson Tomlan expressed her thanks to GIAC staff and stated that she has heard legendary stories of their accomplishments, dedication, and commitment. She noted that the building is historical in nature and preservation of it should be undertaken if possible. Alderperson Clairborne stated that today’s votes are symbolic of the level of support for GIAC staff, programming, and community benefits. A Vote on the Resolution resulted as follows: Carried Unanimously (7-0) Alderperson Gelinas Absent from vote 11.2 Redevelopment of the Former Ithaca Gun Factory Site A. Declaration of Lead Agency for the Environmental Review – Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca is considering a collaboration with a development team composed of Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc., and Travis and Travis Development, LLC, (hereinafter referred to collectively as the “Development Parties”), to undertake a proposed public/private project to remediate environmental contamination on the site of the former Ithaca Gun Factory, located at 121-125 Lake Street, Ithaca, NY (hereinafter referred to as the “Property”), which site is currently owned by Fall Creek Redevelopment, LLC, and WHEREAS, the terms of the proposed collaboration are defined in the proposed “Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC,” dated August 30, 2007 (hereinafter referred to as the “Redevelopment Agreement”), and WHEREAS, the proposed Redevelopment Agreement, if approved, would commit the City of Ithaca to submit or sponsor certain applications for State funding of the afore- mentioned remediation (and subsequent redevelopment of the site, by the afore- mentioned development team), through the Restore NY Communities Initiative and the Environmental Restoration Program, and to accept, as a donation from Fall Creek Redevelopment, LLC, the conveyance of an approximately one-acre parcel situated along the westerly and northerly portions of the Property, upon satisfaction of certain contingencies further detailed in said agreement, and WHEREAS, the proposed action – namely, the submission of funding applications and the acquisition of real property by the City – is an “Unlisted” action pursuant to the State Environmental Quality Review Act (“SEQR”) and the City of Ithaca’s Environmental Quality Review Ordinance (“CEQR”), thus requiring environmental review pursuant to those statutes, and WHEREAS, SEQR and CEQR require that a lead agency be established for conducting such environmental review, and WHEREAS, the lead agency is defined to be that agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, the City of Ithaca is the only involved agency with regard to the submission of the funding applications in question, and with regard to the proposed acquisition of real property; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself to be the lead agency for the environmental review of the proposed approval of the submission of funding applications to the Restore NY Communities Initiative and the Environmental Restoration Program, and of the proposed acceptance of real property, as required by the proposed Redevelopment Agreement for the former Ithaca Gun Factory site. September 5, 2007 6 Alderperson Tomlan explained that Common Council members have received a packet of information including site plans and a projected schedule of development. Alderperson Zumoff reviewed prior concerns regarding height limits and noted that he is very pleased to have a local developer involved with this project. A vote on the Resolution resulted as follows: Carried Unanimously (7-0) Alderperson Gelinas absent from vote B. Determination of Environmental Significance – Resolution By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, the City of Ithaca is considering a collaboration with a development team composed of Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc., and Travis and Travis Development, LLC, (hereinafter referred to collectively as the “Development Parties”), to undertake a proposed public/private project to remediate environmental contamination on the site of the former Ithaca Gun Factory, located at 121-125 Lake Street, Ithaca, NY (hereinafter referred to as the “Property”), which site is currently owned by Fall Creek Redevelopment, LLC, and WHEREAS, the terms of the proposed collaboration are defined in the proposed “Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC,” dated August 30, 2007 (hereinafter referred to as the “Redevelopment Agreement”), and WHEREAS, the proposed Redevelopment Agreement, if approved, would commit the City of Ithaca to submit or sponsor certain applications for State funding of the afore- mentioned remediation (and subsequent redevelopment of the site, by the afore- mentioned development team), through the Restore NY Communities Initiative and the Environmental Restoration Program, and to accept, as a donation from Fall Creek Redevelopment, LLC, the conveyance of an approximately one-acre parcel situated along the westerly and northerly portions of the Property, upon satisfaction of certain contingencies further detailed in said agreement, and WHEREAS, the proposed action – namely, the submission of funding applications and the acquisition of real property by the City – is an “Unlisted” action pursuant to the State Environmental Quality Review Act (“SEQR”) and the City of Ithaca’s Environmental Quality Review Ordinance (“CEQR”), thus requiring environmental review pursuant to those statutes, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the Short Environmental Assessment Form (“SEAF”) prepared for the proposed action, and WHEREAS, the lead agency has determined that the actual redevelopment of the Property, by the afore-mentioned development team, can and should be considered as a separate action for the purposes of environmental review, as the details of such redevelopment are not fully known at this time, and in any event such development is not permitted to go forward without additional separate approval, by way of site plan review, by the City of Ithaca Planning and Development Board, during which site plan review the environmental review of the proposed redevelopment project itself will be conducted, pursuant to the normal procedure of said Board, and which environmental review is reasonably anticipated to be no less protective of the environment; 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 in the SEAF for the proposed action, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action will not have a significant effect on the environment, and that further environmental review of the proposed action (not including the actual redevelopment plan, as discussed above) is unnecessary, and be it further September 5, 2007 7 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 to forward the same to any other parties as required by law. Carried Unanimously (7-0) Alderperson Gelinas absent from vote Alderperson Gelinas arrived at the meeting at 9:05 p.m. C. Authorization of the Proposed Redevelopment Agreement – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, Fall Creek Redevelopment, LLC (“FCR”) acquired the former Ithaca Gun Factory site (hereinafter, the “Property”) in 2005, an approximately 2.1-acre parcel located at 121-125 Lake Street, Ithaca, NY (Tax Parcel #11.-3-1.2), and wishes to redevelop the Property for productive use, and WHEREAS, the former Ithaca Gun Factory site is a long-abandoned facility with environmental contamination in the buildings and on the premises, stemming from its prior industrial use, and constitutes a health and safety hazard and a blight on the neighborhood, and WHEREAS, in 2006 the City of Ithaca Building Commissioner condemned the building as unsafe and has ordered it demolished, and WHEREAS, FCR estimates that the cost to remediate contamination in the buildings on the Property, and to demolish them, is approximately $1.45 million, and WHEREAS, FCR estimates that the additional cost to remediate site contamination on the Property is approximately $950,000, and WHEREAS, FCR has determined that a redevelopment project is not financially feasible if the project must absorb the full, projected $2.4 million remediation and demolition cost, and WHEREAS, FCR has entered into a strategic collaboration with O’Brien & Gere Engineers, Inc. (“OB&G”), environmental engineers, and Travis and Travis Development, LLC (“Travis”), real estate developers (collectively hereinafter referred to as the “Development Parties”), to undertake a project of environmental remediation and to redevelop a portion of the Property, and WHEREAS, Travis proposes a redevelopment project that would include the construction of approximately 33 townhouse residential condominium units on the Property, and WHEREAS, the objectives of the City of Ithaca (“City”) for the Property include:  Remediation of environmental contamination at the Property (and any related contamination on adjacent, City-owned land) as soon as practicable;  Demolition of the condemned former Ithaca Gun Factory;  Redevelopment of the Property for productive use that will be an asset to the neighborhood and the City;  Incorporation of the so-called “island” portion of the Property, which affords excellent views of the Ithaca Falls, into the adjacent City-owned parkland, and provision of an ADA-accessible public pedestrian walkway to said “island” from Lake Street, together with improvements to such areas so as to provide for safe public access and enjoyment;  Retention and maintenance of the tall, iconic “Ithaca Guns” smokestack on the Property, if feasible, and WHEREAS, the Development Parties, per the proposed Redevelopment Agreement, agree to satisfy the above-listed City objectives, subject to receipt of sufficient New York State funding assistance to make the project financially feasible, and September 5, 2007 8 WHEREAS, the City is eligible to apply for funding to assist the project through the Restore NY Communities Initiative program (“Restore NY”) and the Environmental Restoration Program (“ERP”), which funding could significantly reduce the costs to the Development Parties of remediating environmental contamination and redeveloping portions of the Property for a productive use, and WHEREAS, the cost to remediate and demolish buildings on the Property, and certain redevelopment costs, are eligible for Restore NY funding assistance, and WHEREAS, the cost to remediate site contamination on municipally-owned property is eligible for up to a 90% reimbursement through the ERP, and WHEREAS, maximizing Restore NY and ERP resources and achieving the City’s objectives for the Property will require conveyance of certain portions of the Property to the City, and commitments by both the City and the Development Parties to undertake certain obligations, as described in greater detail in the draft “Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC”, dated August 30, 2007 (hereinafter referred to as the “Redevelopment Agreement”), and WHEREAS, the Redevelopment Agreement commits the City to accept the donation of a portion of the Property that contains subsurface environmental contamination, for the purpose of construction and maintenance of a community walkway from Lake Street to an overlook of Ithaca Falls on the so-called “island” area of the site, which acceptance will also involve remediation of such contamination, together with any related off-site contamination, through the ERP, and WHEREAS, the Redevelopment Agreement further commits Travis to pay the City’s full local share required under the ERP, and WHEREAS, environmental review of this proposed agreement has been completed; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby authorizes the Mayor, upon the advice of the City Attorney, to execute the Redevelopment Agreement, provided such Agreement is in substantial conformance with the draft dated August 30, 2007. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Coles RESOLVED, That the Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council hereby authorizes the Mayor, upon the advice of the City Attorney, to execute the Redevelopment Agreement, provided such Agreement is in substantial conformance with the draft dated August 30, 2007 (or includes changes that may be substantive but are more protective of the City), and that such agreement includes the five minor modifications listed at the close of the Memorandum from the City Attorney to the Mayor and Common Council, dated September 4, 2007.” Alderperson Townsend questioned what the five minor modifications were. Alderperson Tomlan explained that these were mainly grammar and punctuation corrections. A Vote on the Amending Resolution resulted as follows: Carried Unanimously (8-0) Extensive discussion followed on the floor regarding how the project is being funded and the need to include affordable housing in as many housing proposals as possible. Mayor Peterson explained that in order to take advantage of the Restore NY Grant funding opportunities available for this year the project needs to move forward as quickly as possible. She further stated that the City should create an umbrella statement about its goals for affordable housing. September 5, 2007 9 Alderperson Berry noted that she agrees that affordable housing is needed but also wants to support the neighborhood desire to get the environmental remediation work done and reduce the health and safety concerns of the site. She further agreed that the City should make a statement that affordable housing is one of its goals. A vote on the Main Motion as Amended resulted as follows: Ayes (7) Coles, Berry, Zumoff, Tomlan, Townsend, Cogan, Gelinas Nays (1) Clairborne Carried (7-1) D. Restore NY Funding Application – Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca (“City”) is collaborating with a development team composed of Fall Creek Redevelopment, LLC (“FCR”), O’Brien & Gere Engineers, Inc., and Travis and Travis Development, LLC (hereinafter referred to collectively as the “Development Parties”) to undertake a proposed public/private project for environmental remediation, demolition, and redevelopment of the former Ithaca Gun Factory site located at 121-125 Lake Street, Ithaca, NY, and WHEREAS, the 2006-07 New York State budget enacted the Restore NY Communities Initiative (“Restore NY”) to revitalize urban areas and stabilize neighborhoods and authorized the Empire State Development Corporation (“ESDC”) to implement the $300 million program in three annual rounds beginning in 2006, and WHEREAS, on July 27, 2007, ESDC announced the availability of $100 million in funding for round #2 of the Restore NY program, which program will reimburse up to 90% of the costs of municipally-sponsored projects to demolish, deconstruct, rehabilitate, and reconstruct vacant, abandoned, condemned, and surplus residential and commercial properties, and WHEREAS, the goals of the Restore NY program are to (1) revitalize urban centers, (2) induce commercial investment, and (3) improve the municipal housing stock, and WHEREAS, round #2 Restore NY funding applications are due to be received by ESDC by September 28, 2007, and WHEREAS, applications must include a municipal resolution in support of the application, proof that a public hearing was held on proposed application, and a site control affidavit for projects located on non-municipally owned property, and WHEREAS, cities with populations under 40,000 are eligible to submit an application for one project, with a request not to exceed $2.5 million, in round #2 Restore NY funding, and WHEREAS, each Restore NY award must be matched by at least a 10% local match contribution, and WHEREAS, the former Ithaca Gun Factory is a long-abandoned facility with environmental contamination in the buildings and on the premises, stemming from its prior industrial use, and constitutes a health and safety hazard and a blight on the neighborhood, and WHEREAS, the Development Parties’ proposed project includes the following major elements:  Abate asbestos from on-site buildings  Remove lead from on-site buildings  Demolish and remove buildings  Remediate subsurface environmental contamination  Construction of approximately 33 residential condominium townhouse units  Donation, to the City of Ithaca, of the Ithaca Falls Overlook area, and land for a public access walkway to it from Lake Street September 5, 2007 10  Construction of an ADA-compliant public-access walkway from Lake Street to the Ithaca Falls Overlook,  Retention and maintenance of the ‘Ithaca Guns’ smokestack, if feasible, and WHEREAS, the cost of removing lead from the buildings, abating building asbestos, and building demolition is estimated to be approximately $1.45 million, and WHEREAS, the cost of remediating subsurface environmental contamination is estimated to be approximately $950,000, and WHEREAS, the total project is estimated to cost approximately $12 million, and WHEREAS, the Developer has agreed to provide the full 10% required Restore NY local match contribution, and WHEREAS, the Common Council has authorized the Mayor to execute a “Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC” (hereinafter referred to as the “Redevelopment Agreement”), and WHEREAS, the Redevelopment Agreement obligates the City to submit a Restore NY application for funding for the former Ithaca Gun Factory site redevelopment project; now, therefore, be it RESOLVED, That the Common Council hereby approves the submission by the City of Ithaca of an application, for up to $2.5 million in grant funding from round #2 of the Restore NY program, for the former Ithaca Gun Factory site redevelopment project, and be it further RESOLVED, That the Common Council hereby finds that the proposed project is consistent with the existing local and regional plans; that the proposed financing is appropriate for the specific project; that the project facilitates effective and efficient use of the existing and future public resources so as to promote both economic development and preservation of community resources; and where applicable, that the proposed project develops and enhances infrastructure and/or facilities in a manner that will attract, create, and sustain employment opportunities, and be it further RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized to take all actions necessary to submit a Restore NY application in accordance with this resolution, including, but not limited to, certification of the application, and be it further RESOLVED, That, if awarded, the Mayor, upon the advice of the City Attorney, is hereby authorized to execute a funding agreement with ESDC, and any other documents necessary to receive the Restore NY grant, and be it further RESOLVED, That if the City accepts a Restore NY award, the Ithaca Urban Renewal Agency is hereby authorized to administer and implement the Restore NY grant award on behalf of the City and shall be reimbursed for any reasonable costs incurred in complying with Restore NY requirements. Carried Unanimously (8-0) E. Environmental Restoration Program Funding Application – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca (“City”) is collaborating with a development team composed of Fall Creek Redevelopment, LLC (“FCR”), O’Brien & Gere Engineers, Inc., and Travis and Travis Development, LLC (hereinafter referred to collectively as the “Development Parties”) to undertake a proposed public/private project for environmental remediation of the former Ithaca Gun Factory site, and WHEREAS, FCR owns the former Ithaca Gun Factory property located at 121-125 Lake Street, Ithaca, NY (“Property”), and September 5, 2007 11 WHEREAS, the Common Council has authorized the Mayor to execute a “Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC” (hereinafter referred to as the “Redevelopment Agreement”), and WHEREAS, the Redevelopment Agreement obligates the City to accept conveyance of a specified portion of the Property from FCR that is known to contain hazardous substances from historical uses on the Property, upon satisfaction of certain contingencies as further described in the Redevelopment Agreement, and WHEREAS, New York State has established the Environmental Restoration Program (“ERP”), administered by the New York State Department of Environmental Conservation, to assist municipalities in investigating and remediating petroleum and/or hazardous substances located on property owned, or under binding agreement to be owned, by municipalities, and WHEREAS, the ERP allows municipalities to seek reimbursement for up to 90% of approved project costs for investigating and remediating on-site contamination, and up to 100% of the cost of investigating off-site contamination, and WHEREAS, the property to be accepted by the City from FCR is intended to be environmentally remediated by the City through the ERP and made available, following remediation, in part as a portion of City parkland and in part for the purpose of construction of a community walkway from Lake Street to an Ithaca Falls overlook, and WHEREAS, per the Redevelopment Agreement, Travis and Travis Development, LLC, agrees to pay the full local share required under the ERP, and WHEREAS, the ERP application must include specified municipal authorization language to be considered a complete application, and WHEREAS, the City of Ithaca (hereinafter also referred to as the “Municipality”), after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the application, herein called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project, and WHEREAS, Article 56 of the Environmental Conservation Law (“ECL”) authorizes State assistance to municipalities for environmental restoration projects, by means of a contract, and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca that: 1. The Mayor is the representative authorized to act on behalf of the Municipality in all matters related to State assistance under ECL Article 56, Title 5. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance; 2. The Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s fieldwork within twelve (12) months of written approval of its application by the New York State Department of Environmental Conservation; 3. One (1) certified copy of this Authorization shall be prepared and sent to the Albany office of the Department of Environmental Conservation, together with the Application for State Assistance referred to herein; 4. This Authorization shall take effect immediately, and be it further RESOLVED, That, subject to execution of the Redevelopment Agreement, the Common Council hereby authorizes the Mayor to submit an Environmental Restoration Program September 5, 2007 12 application for investigation and/or remediation of property proposed to be accepted from FCR, and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a State Assistance Contract for investigation and/or remediation of the applicable portions of the Property conveyed to the City of Ithaca per the Redevelopment Agreement, subject to receipt of written notification from the Department of Environmental Conservation of ERP application approval and receipt of notice of a Restore NY funding award to the City, and be it further RESOLVED, The Ithaca Urban Renewal Agency is hereby authorized to administer and implement the ERP investigation and remediation and shall be reimbursed by the City for all reasonable documented costs incurred to comply with ERP requirements. Common Council members offered their thanks to City Attorney Hoffman and Community Development Director Bohn for the exceptional job they did in reaching this agreement. A Vote on the Resolution resulted as follows: Carried Unanimously (8-0) CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Chamberlain’s Office - Request to Waive Penalty on Taxes - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the owners of 101 Irving Place mailed the city 2nd installment tax payments on June 23, 2007, within the penalty free period, and WHEREAS, the mail at 101 Irving Place was not picked up by the post office because it had been placed on hold until the resident’s return from vacation; now, therefore be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the City Chamberlain is authorized to refund the penalty paid on the 2nd installment taxes. Carried Unanimously (8-0) 8.2 Fire Department - Request for Changes to Fire Department Roster – Upgrade of Financial Clerk to Financial Management Assistant - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca Fire Department has need for a person working in the capacity of the Financial Management Assistant, and WHEREAS, a current city employee has passed the Civil Service Exam for the Financial Management Assistant and is presently performing the duties of Financial Management Assistant at the DPW, Streets & Facilities Division, in a half time position (20 hrs.); and WHEREAS, in order to facilitate the work, and to achieve the desired organizational structure needed by the Fire Department, the Fire Department requests that the employee currently employed half time at DPW, be assigned to the Fire Department half time (20 hrs.) as well. RESOLVED, That the Common Council hereby amends the 2007 authorized Fire Department roster as follows: Add: One (1) Financial Management Assistant (20 Hours) Delete: One (1) Financial Clerk (40 Hours) and be it further RESOLVED, That funding for said roster amendment shall be derived from existing 2007 Fire Department budget. Carried Unanimously (8-0) September 5, 2007 13 8.3 Department of Public Works - Request to Sign Contract and Amend Budget for Grant - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has been awarded a $261,629.84 Grant from New York State Energy and Research & Development Authority (NYSERDA) to research Fenton Reagent as part of the sludge digestion process at the IAWWTF, and WHEREAS, at its February 16, 2005 meeting, the Special Joint Sewer Committee approved the City of Ithaca acting as lead agent on the governing of research under a grant awarded by the New York State Energy Research & Development Authority, and WHEREAS, the 2005 IAWWTP Budget was amended for said Grant, but the project was never done or encumbered, and WHEREAS, the grant total cost will be $261,629.84, with $196,447.20 in NYSERDA funding and $65,182.64 in local matching funding through the IAWWTP, and WHEREAS, the Special Joint Sewer Committee and Common Council, as part of the approved 2007 Budget for the IAWWTP, approved operations costs that will qualify as the projected $65,182.64 matching share, and WHEREAS, the research will have the potential to develop repeat net annual savings from reduction of sludge volume to be hauled and land-filled and increased gas to be converted at the plant into heat or electricity; now, therefore, be it RESOLVED, That Common Council authorizes the Mayor to sign the New York State Energy Research & Development Authority contract on behalf of the City of Ithaca and the Towns of Ithaca and Dryden upon approval of the SJC counsel, and be it further RESOLVED, That Common Council hereby amends the 2007 Authorized IAWWTP Budget as follows to account for said NYSERDA Grant: Increase Revenue Account: J8150-3989 State Aid Other Home & Community $196,447.20 Increase Appropriation Account: J8150-5435 Contracts $196,447.20 and be it further RESOLVED, That the local matching funding source of $65,182.64 shall be derived from the existing 2007 IAWWTP Authorized Budget. Carried Unanimously (8-0) 8.4 Youth Bureau - Request to Amend Roster – Change Recreation Program Leader to Recreation Program Coordinator - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the Ithaca Youth Bureau has proposed to amend the roster by deleting the Recreation Leader Position and creating a Recreation Program Coordinator position, WHEREAS, the Youth Bureau has worked closely with the Human Resources Department to develop this proposal and the Civil Service Commission approved the New Position Duties Statement on June 13, 2007, WHEREAS, this new position duty statement reflects the work that the current Recreation Leader is performing for the Recreation Department, WHEREAS, the Youth Bureau has proposed amending the 2007 Youth Bureau Budget by transferring $754.00 from Account A7310 5120 01537 to Account A7310 5110 01501; now, therefore, be it September 5, 2007 14 RESOLVED, That Common Council hereby amends the 2007 Youth Bureau budget and roster as follows: Delete: One (1) Recreation Leader position, Add: One (1) Recreation Program Coordinator position. Amend the 2007 Youth Bureau budget by transferring $754.00 from account A7310 5120 01537 to Account A7310 5110 01501 Carried Unanimously (8-0) 8.5 Attorney’s Office -Request for Amendment to Roster for City Attorney’s Office – Replace Legal Assistant Position with Executive Assistant Position - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, the Legal Assistant for the City Attorney has resigned, effective August 3, 2007, and WHEREAS, the Legal Assistant position is the only office support position authorized for the City Attorney’s office, and WHEREAS, the City Attorney, in consultation with the Director of Human Resources, has determined that the best approach to meeting the needs of the City Attorney’s office, in the future, is to hire an Executive Assistant in place of the Legal Assistant, and WHEREAS, the salary range for the Executive Assistant position is less than that for a Legal Assistant, and WHEREAS, the City Attorney has requested, under the “optional” 2008 budget, funding sufficient for both an Executive Assistant (35 hours/week) and a Legal Assistant (approximately 24 hours/week), and WHEREAS, pending a Council decision on such request, during which pendency it is anticipated that an Executive Assistant would be sought and hired, the Executive Assistant position is best defined as being 35 hours/week; now therefore be it RESOLVED, That Common Council hereby amends the 2007 authorized roster for the City Attorney’s office as follows: Add: One (1) Executive Assistant (competitive & confidential; 35 hours) Delete: One Legal Assistant (40 hours) and, be it further RESOLVED, That said roster amendment shall be funded within existing 2007 City Attorney budget account. Carried Unanimously (8-0) Recess: Common Council recessed the meeting at 9:40 p.m. Reconvene: Common Council reconvened into regular session at 9:45 p.m. Alderperson Berry left the meeting at 9:45 p.m. ENVIRONMENT & NEIGHBORHOOD QUALITY COMMITTEE: No items were submitted for the agenda COMMUNICATION & EMERGENCY SERVICES COMMITTEE: No items were submitted for the agenda September 5, 2007 15 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 11.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, entitled “Zoning” to Amend the Design Review Ordinance A. Declaration of Lead Agency for the Environmental Review – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan 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 zoning amendment is an “Unlisted” action pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of the amendments to Chapter 325-41 Design Review. Alderperson Tomlan explained that the Design Review Ordinance had been reorganized to make it more useable and to add professional credentials to one of the positions. She stated that it also addresses demolition issues. A Vote on the Resolution resulted as follows: Carried Unanimously (6-0) (Alderperson Townsend absent from vote) B. Determination of Environmental Significance – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca is considering a proposal to amend Chapter 325-41 Design Review in order to increase the number of design professionals on the Design Review Board by one (from two of five members to three of five members), and also to amend the ordinance in order to be more specific in articulating the review requirement for new construction on the site of a demolition, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (“SEAF”), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department pursuant to §239-l and m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further September 5, 2007 16 RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously (7-0) An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, entitled “Zoning” to Amend the Design Review Ordinance By Alderperson Tomlan: Seconded by Alderperson Cogan ORDINANCE NO. 07- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 325-41 of the City of Ithaca Municipal Code entitled “Design Review” is hereby deleted in its entirety and replaced as follows: § 325-41. Design review A. Intent This section is intended to promote the general public welfare by: (1) Promoting desirable urban growth and development (2) Promoting excellence of architectural and urban design (3) Preserving and enhancing community resources such as historic architecture and neighborhood character (4) Achieving compatibility with adjacent properties The intent of this chapter is to provide for the review of plans for construction, exterior alterations, additions, or demolition of structures in certain zones of the city or under certain conditions, which zones and conditions are hereby deemed special in nature in terms of architectural character, intensity of existing use and development, sensitivity to the effect of change in use, or other reason. The vehicle for this review shall be the Design Review Board. B. Creation, Appointment, Membership and Organization of Design Review Board. (1) The Mayor shall, with the approval of the Common Council, appoint a Design Review Board consisting of five members, of whom at least four shall be residents of the City of Ithaca or maintain professional offices within the boundaries of the City. At least one member shall be a registered architect, and at least two other members shall be either registered architects or members of an allied design profession, e.g., a landscape architect, urban designer, architectural historian, interior designer, graphic artist, etc. The Director of Planning and Development or his/her designee shall serve as Secretary to the Board and as a nonvoting member. (2) The terms of membership on the Design Review Board shall be for three years, except that the initial members shall be appointed as follows: one member for one year, two members for two years and two members for three years. (3) The Board shall, at its first meeting of each year, elect one of its members as Chairperson. In the absence of the Chairperson at any meeting, the Board shall choose an Acting Chairperson for that meeting. Meetings shall be called by the Chairperson or September 5, 2007 17 by the Director of Planning and Development and shall be held at least once annually, in January. (4) The Design Review Board shall from time to time adopt such rules and regulations as it shall deem necessary to affect the purposes of this section. All such rules and regulations shall be submitted to the Common Council for approval and enactment into law. These rules and regulations shall be in effect when passed by the Common Council and filed with the City Clerk. C. Applicability. Design review shall apply to all proposals for: (1) New construction, exterior alterations, or additions to any structure within the zones designated B-1b; B-2b; B-2c; B-2d; all CBD zones including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU. (2) New construction, exterior alterations, or additions to any structure 60 feet in height or greater in any zone. (3) New construction in locally designated historic districts. (In such cases, the Ithaca Landmarks Preservation Commission shall be consulted before the Design Review Board makes its recommendation.) (4) Demolition of any primary structure within any zone, and demolition of any portion of any structures within the zones designated as B-1b; B-2b; B-2c; B-2d; all CBD zones including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU. (5) New construction of a primary structure on a parcel within any zone within two years following a demolition of a primary structure on that parcel. (6) New or additional front entrances of accessory apartments. (The Board of Zoning Appeals may refer applications for accessory apartment temporary permits for advice when exterior design changes are proposed.) D. Exemptions. (1) Any action pertaining to an existing structure locally designated as a landmark or within a locally designated historic district shall be reviewed by the Ithaca Landmarks Preservation Commission, and is therefore exempt from the requirement for review and recommendation by the Design Review Board. E. Review Procedure. (1)(a) The Building Commissioner, the Director of Planning and Development or the Board of Zoning Appeals shall refer any applicable plans or proposals to the Design Review Board immediately upon receipt of such plans. (b) The Building Commissioner, the Director of Planning and Development, the Board of Zoning Appeals, the Planning and Development Board, or the Ithaca Landmarks Preservation Commission may refer any applications or appeals regarding design at their discretion. (c) Any individual or group proposing new construction or development anywhere within the City of Ithaca may request the informal review and advisory recommendation of the Design Review Board. (2) Preliminary plans for new construction, alteration of an existing structure or substantial rehabilitation, in accordance with the provisions of Subsection C of this section, shall be referred to the Design Review Board at the schematic design phase. September 5, 2007 18 (3) The Board shall meet within 30 days of receipt of notice of such referral or request to review such plan or proposal. (4) Meetings held by the Design Review Board for review and recommendation on plans or proposals shall be arranged to permit participation by the person or group making the application or request and representatives of such person or group, if desired. Architectural plans and drawings of building facades, lists of finish materials and other information necessary to provide adequate insight into the proposed construction or demolition shall be provided to the Design Review Board by the person or group making the proposal or request. (5) The Design Review Board shall provide to the Building Commissioner, the Director of Planning and Development, and when relevant the Board of Zoning Appeals, the Planning and Development Board, or the Ithaca Landmarks Preservation Commission, a written recommendation concerning the acceptability of each plan or proposal and any necessary or desirable changes within 10 working days after the meeting date. (6) The requirement for reporting may be extended by agreement with the individual or group making the proposal, but failure of the Design Review Board to act within either the 30 days or the agreed-upon extended period shall constitute approval of the plan or proposal as submitted. (7) Recommendations of the Design Review Board shall not be binding upon the group or individual submitting the plan or proposal but shall be voluntary, unless such recommendations shall also be incorporated into a decision of the Board of Zoning Appeals or as a condition of site plan approval by the Planning and Development Board. Section 2. Severability. If any section, sentence, clause or phrase of the Ordinance hereby enacted is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this Ordinance. Section 3. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously (7-0) 11.3 Adoption of the Community Investment Incentive Program – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, on July 5, 2000, the Common Council of the City of Ithaca unanimously requested that the Tompkins County Industrial Development Agency (“IDA”) undertake a program to provide financial incentives for development of multi-story buildings within a density target area encompassing the downtown central business district, the West State Street corridor, the West End, and Inlet Island, and WHEREAS, on September 20, 2001, the IDA amended its “Mission, Policies and Procedures” to establish the “City of Ithaca Density Incentive Program” providing incentives for multi-story development projects within the density target area, and WHEREAS, the program remained in operation for five years and has since been undergoing review by the IDA, and WHEREAS, on June 7, 2006, the Common Council endorsed the continuation of an IDA program of local tax abatements as a tool for encouraging appropriate real estate and business investment in the urban core of the city, and WHEREAS, in particular, the Common Council requested that the IDA establish the Community Investment Incentive Program, under which projects would be reviewed by the community and evaluated by the Common Council, and if endorsed by the Common Council, proposed for recommendation by the Mayor to the IDA as eligible for tax abatements, to wit: September 5, 2007 19 “THAT the City will provide potential developers with the “Community Investment Incentive Program” guidelines, which outline the process and include a list of benefits that the Common Council deems important, and THAT a developer will submit a request for Common Council’s endorsement of a project, which will include a description of benefits that the project will provide to the community, and THAT community members will have opportunities to view and comment on a project during an initial public presentation and a subsequent public hearing, and THAT if the Common Council finds a project to be acceptable and in compliance with the “Community Investment Incentive Program” guidelines, the Council will pass a resolution authorizing the Mayor to recommend to the IDA that the project be considered eligible for tax abatements, and THAT said project shall be subject to the Site Plan Review, Design Review and Zoning requirements applicable to all projects in the program target area, and THAT the Common Council may review annually the project’s expected performance and provision of community benefits,” and WHEREAS, a subcommittee of the Common Council, composed of J. R. Clairborne, David Gelinas, Shane Seger, and Dan Cogan, Chair, was charged with developing the Community Investment Incentive Program, and has met at least eight times, and WHEREAS, drafts of the proposed Community Investment Incentive Program have been discussed by both the Planning and Economic Development Committee of the Common Council (and its predecessors) and the Tompkins County Industrial Development Agency at multiple meetings, and the proposed program has been revised based on feedback from those bodies, and WHEREAS, the draft of the Community Investment Incentive Program dated July 1, 2007, outlines the process that a developer seeking tax abatements under the program must follow, from the presentation of the proposal to the community, through consideration and evaluation by the Common Council and the IDA, to the possible granting of abatements, and to the monitoring and reporting of completed projects, and WHEREAS, said draft also includes a list of potential community benefits that proposed projects may provide and against which proposed projects will be evaluated and scored by Common Council prior to possible endorsement by Common Council, and WHEREAS, the IDA has indicated that it supports a program of granting tax abatements to projects within a density target area in the city based on a score derived from the number of benefits that a project will provide; now, therefore, be it RESOLVED, That the Common Council adopts the Community Investment Incentive Program, as outlined in the draft dated July 1, 2007, and be it further RESOLVED, That the Common Council requests that the IDA adopt a compatible program for granting tax abatements to projects within the density target area in the city that apply under the Community Investment Incentive Program. Alderperson Gelinas extended his thanks to Alderperson Cogan for all of the time, dedication and behind the scenes work he put into developing this program. Alderperson Zumoff stated that he supports the concept of the program but cannot support this Resolution because of the scoring system that was developed. He further stated that he recognizes that it was meant to be an objective mechanism however he feels it will make it a subjective process. Alderperson Clairborne thanked Alderperson Cogan for his work on this project. He stated that it took a lot of discussion and hard work but he is proud to have been part of September 5, 2007 20 the team that developed this program. He further explained the minimum standards required and different levels of scoring. Alderperson Cogan thanked everyone who worked on the program. He stated that concerns raised by Alderperson Zumoff have been addressed but he acknowledged that various needs have to be balanced (i.e. favoring community vs. developers). He stated that the program could be re-calibrated if it is not meeting the needs of the community. He further stated that he would like to see it pass unanimously to send a strong message to the IDA. Alderperson Gelinas stated that this program is a great example of compromise in government and public participation in government. He further stated that a lot of feedback was received from many perspectives. Alderperson Tomlan noted that the development of this program began from a series of three public conversations approximately one year ago. Mayor Peterson reported that Friday, September 7, 2007 the IDA will be meeting and this item is on their agenda. She stated that she too would like to see a unanimous vote especially as not all Council members are present. A Vote on the Resolution resulted as follows: Ayes (6) Coles, Tomlan, Townsend, Gelinas, Cogan, Clairborne Nays (1) Zumoff Carried (6-1) 11.4 Declaration of Lead Agency for the Environmental Review of the Proposed Determination of Surplus Property and its Conveyance to the Ithaca Urban Renewal Agency for Possible Sale – Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the Board of Public Works, by resolution dated June 13, 2007, has determined that continued City ownership of a small area of City-owned land to the west of the public sidewalk along the west side of the 100 block of South Aurora Street (which area of land is shown as “Parcel A” on the “Survey Map Showing Lands of City of Ithaca Located on South Aurora Street – City of Ithaca, Tompkins County, New York,” prepared by T. G. Miller P.C., and dated July 3, 2007) is not necessary from a public works standpoint, provided that any sale of such land is made subject to certain conditions as set forth in that resolution, and WHEREAS, the City of Ithaca is considering declaring the aforementioned parcel of land to be surplus, and disposing of it by conveying title thereto to the Ithaca Urban Renewal Agency for possible sale by that agency to an eligible and qualified sponsor of an appropriate urban renewal project which would involve that site, subject to conditions substantially the same as those recommended by the Board of Public Works, and WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for the purpose of 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 conveyance of city-owned surplus property is an “Unlisted” action pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself Lead Agency for the environmental review of the proposal that the aforementioned City-owned parcel of land be determined to be surplus, and that title thereto be conveyed to the Ithaca Urban Renewal Agency (“IURA”) for possible sale by that agency to an eligible and qualified sponsor of an appropriate urban renewal project September 5, 2007 21 which would involve that site, such sale to be subject to conditions substantially the same as those recommended by the Board of Public Works, and be it further RESOLVED, That the environmental review of any specific, proposed development involving the subject parcel, by a qualified and eligible sponsor selected by the IURA, be conducted separately from and subsequent to this review, once the details of any such proposed development are known and in any case prior to the required approval, by Common Council, of any conveyance of the subject parcel to such a sponsor by the IURA. Carried Unanimously (7-0) 12. CITY ADMINISTRATION COMMITTEE: 12.2 Planning Department - Request to Establish Funds for Collegetown Urban Plan and Design Guidelines - Resolution By Alderperson Coles: Seconded by Alderperson Gelinas WHEREAS, on December 7, 2005, the Common Council authorized the establishment of a Client Committee charged with formulating a vision for Collegetown that would reflect the interests and concerns of that community and the city as a whole, and with recommending steps for its implementation, and WHEREAS, in April 2006, Mayor Carolyn Peterson appointed a 12-member task force to lead the effort to create a vision statement, including representation from the City, the Collegetown business community, Cornell University administration, neighborhood residents, students, and landlords, and WHEREAS, after assessing Collegetown’s strengths, weaknesses, opportunities, and threats, the task force identified five categories for consideration--Business, Housing & Residential Neighborhoods, Circulation & Parking, Cultural Experience, and Urban Design (since broadened to Urban Plan and Design Guidelines), and WHEREAS, the Collegetown Vision Statement set out an overall statement of goals and objectives, a listing of strengths and weaknesses and, for each of the five categories, a goal (“vision”), challenges, and recommendations, and WHEREAS, in presenting the Collegetown Vision Statement to the Common Council for endorsement, Collegetown Vision Task Force members had suggested either the extension of the scope of the existing task force or the establishment of a successor task force to prepare an implementation strategy, and WHEREAS, the Common Council endorsed the Collegetown Vision Statement as a guide for shaping the growth and form of Collegetown at its meeting on June 6, 2007, and WHEREAS, with its endorsement of the Collegetown Vision Statement, the Common Council established and charged the Collegetown Vision implementation committee with prioritizing the recommendations of the vision statement and preparing a strategy to implement these recommendations, and WHEREAS, the development of an urban plan and design guidelines was a key recommendation of the Collegetown Vision Statement and will be the basis for zoning legislation to guide the realization of the vision, and WHEREAS, in order to prevent construction that is inconsistent with the Collegetown Vision Statement or detrimental to the realization of the vision, work on the urban plan and design guidelines should begin as soon as possible, and WHEREAS, the Collegetown Implementation Committee adopted a resolution urging the Common Council to create a capital project to undertake the urban plan and design guidelines, and WHEREAS, Cornell University, having representation on both the Collegetown Vision Task Force and the Collegetown Vision Implementation Committee, has made a September 5, 2007 22 commitment to contribute a dollar for dollar match up to $75,000 toward the costs associated with urban plan and design guidelines; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project # 721Collegetown Urban Plan and Design Guidelines in an amount not to exceed $75,000, and be it further RESOLVED, That said funds be derived from a General Fund Advance with later repayment by the issuance of Serial Bonds. Alderperson Tomlan stated that Collegetown is a very important area to the City. It is a place that receives many visitors and is also one of the most densely populated areas of the city. It has legendary parking and circulation issues and this funding is tremendously important to the project. Alderperson Gelinas stated that this is the first step in a long process, and lobbying for continued support of revitalization projects will continue throughout the next few years. Alderperson Coles explained that $75,000 is half of the cost needed to implement the urban plan and design guidelines. A Vote on the Resolution resulted as follows: Carried Unanimously (7-0) 2.3 Request to Approve Declaration of Official Intent for Johnson Controls Energy Performance Contract Lease – Resolution By Alderperson Coles: Seconded by Alderperson Cogan Lessee: CITY OF ITHACA Principal Amount Expected To Be Financed: $2,398,254.00 WHEREAS, the above Lessee is a political subdivision of the State in which Lessee is located (the “State”) and is duly organized and existing pursuant to the constitution and laws of the State. WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the Lessee. WHEREAS, the Governing Body hereby finds and determines that the execution of one or more lease-purchase agreements (“Equipment Leases”) in the principal amount not exceeding the amount stated above (“Principal Amount”) for the purpose of acquiring the property generally described below (“Property”) and to be described more specifically in the Equipment Leases is appropriate and necessary to the functions and operations of the Lessee. WHEREAS, Chase Equipment Leasing Inc. ("Lessor") is expected to act as the lessor under the Equipment Leases. WHEREAS, the Lessee may pay certain capital expenditures in connection with the Property prior to its receipt of proceeds of the Equipment Leases (“Lease Purchase Proceeds”) for such expenditures and such expenditures are not expected to exceed the Principal Amount. WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a tax-exempt borrowing to be spent on working capital and the Lessee shall hereby declare its official intent to be reimbursed for any capital expenditures for Property from the Lease Purchase Proceeds, now, therefore, be It RESOLVED, by the Governing Body of the Lessee: Section 1. September 5, 2007 23 Either one of the Mayor or the Controller (each an “Authorized Representative”) acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver one or more Equipment Leases in substantially the form set forth in the document presently before the Governing Body (Schedule A-1), which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Equipment Lease (including, but not limited to, escrow agreements) as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Equipment Leases are hereby authorized. Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Equipment Leases on behalf of the Lessee. Section 3. The aggregate original principal amount of the Equipment Leases shall not exceed the Principal Amount and shall bear interest as set forth in the Equipment Leases and the Equipment Leases shall contain such options to purchase by the Lessee as set forth therein. Section 4. The Lessee's obligations under the Equipment Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Equipment Lease and the Lessee’s obligations under the Equipment Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State. Section 5. The Governing Body of Lessee anticipates that the Lessee may pay certain capital expenditures in connection with the Property prior to the receipt of the Lease Purchase Proceeds for the Property. The Governing Body of Lessee hereby declares the Lessee’s official intent to use the Lease Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by the Governing Body of Lessee for the purpose of establishing compliance with the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind the Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase of the Property. Section 6. This Resolution shall take effect immediately upon its adoption and approval. Alderperson Coles explained that this document allows the City to borrow the money needed to pay for the Johnson Control improvements and that the costs will be repaid by energy savings to the City. Alderperson Clairborne asked how often reports would be given regarding energy savings. City Controller Thayer responded that reports would be completed in the final step of the funding process as Johnson Controls guarantees savings to the City through this program. A Vote on the Resolution resulted as follows: Carried Unanimously (7-0) REPORT OF CITY CONTROLLER: City Controller Thayer reported on the following items:  The Mayor and he have met with all department heads regarding their 2008 budget proposals and the general concepts of the budget are being prepared. 2008 will be a challenging budget year for the City. September 5, 2007 24  The City is waiting to hear about projected health insurance costs and sales tax revenues  Pension costs are decreasing slightly  2006 Financial report activity should be completed within the month.  2007 – health insurance costs are at budget currently  Overtime costs are approximately $150,000 over budget  Sales tax is projected to be 6% over the 2006 budget, but running $94,000 short of 2007 projections however the economy is still viable  Parking revenues are at budget, meter revenues are still a little over budget but are down from projections as the Aurora Street project had a negative impact on revenue.  Dryden Road Garage budget figures are 3% higher even with the construction that took place, as a result of the new parking equipment that was installed. 13. REPORT OF SPECIAL COMMITTEES: There were no reports from special committees. 14. NEW BUSINESS: 14.1 Appointment of Marriage Officer - Resolution By Alderperson Coles: Seconded by Alderperson Gelinas WHEREAS, a request has been received from Rebecca Anne Doyle-Morin to be appointed as a Marriage Officer so that she would be able to officiate the wedding ceremony of her friends; now, therefore, be it RESOLVED, That Rebecca Anne Doyle-Morin be appointed as a Marriage Officer for the dates of September 22 and 23, 2007. Ayes (6) Coles, Clairborne, Tomlan, Gelinas, Townsend, Cogan Nays (1) Zumoff Abstentions (0) Carried (6-1) 14.2 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution By Alderperson Cogan: Seconded by Alderperson Clairborne WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Sushi O Sake Japanese Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi O Sake Japanese Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously (7-0) 14.3 Request of Ithaca Downtown Partnership to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the 2007 Apple Harvest Festival on the Commons - Resolution By Alderperson Zumoff: Seconded by Alderperson Clairborne September 5, 2007 25 WHEREAS, the Ithaca Downtown Partnership has requested permission for wine and hard cider tasting and sales as part of the 2007 Apple Harvest Festival; now, therefore, be it RESOLVED, That the Ithaca Downtown Partnership be authorized to arrange for wine and hard cider tasting and sale of bottled wine and hard cider at booths during the Apple Harvest Festival on the Ithaca Commons, September 28 through September 30, 2007, and, be it further RESOLVED, That the Ithaca Downtown Partnership 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 and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Ithaca Downtown Partnership or the participating winery 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 (7-0) 15. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 A Resolution to Extend the Charge of the Collegetown Vision Implementation Committee (CVIC) By Alderperson Tomlan: Seconded by Alderperson Clairborne WHEREAS, in its resolution endorsing the Collegetown Vision Statement, the Common Council on June 6, 2007, established a committee to prepare an implementation strategy and charged it with the prioritization of the recommendations of the vision statement and the development of a process for their implementation, including the preparation of a schedule, estimation of a budget, identification of funding sources, and definition of project boundaries for a two-step approach to an urban plan for Collegetown, and WHEREAS, the membership of that committee, to be appointed by the Mayor, was to include representation from the City of Ithaca Common Council, the Planning and Development Board, Cornell University administration, neighborhood residents, students, members of the business community, and interested members of the Collegetown Vision Task Force, and WHEREAS, the appointed members of the committee, which has now been identified as the Collegetown Vision Implementation Committee (“CVIC”), are Jennifer Wilkins (Chair), Doug Dylla, Steve Golding, Dan Kathan, Jane Marcham, Svante Myrick, John Ryan, Herman Sieverding, and Mary Tomlan, and WHEREAS, the CVIC has had three meetings, at which the committee has discussed the recommendations of the vision statement, the Cornell Council for the Arts proposal for an ideas competition, the current development climate in Collegetown, and the components of an urban plan, and WHEREAS, CVIC members have concurred that the vision statement contains a number of recommendations and proposals that will provide an urban design consultant with a broad base of creative ideas from which to develop the urban plan and design guidelines, and WHEREAS, CVIC members have indicated a commitment to one intent of the proposed ideas competition to engage stakeholders and elicit further ideas for the development of the plan and guidelines, and WHEREAS, at its August 28 meeting, the committee, by a vote of 7-0-1, with Steve Golding abstaining and Jane Marcham not present, elected to move directly to a process that would result in an urban plan and design guidelines, instead of being preceded by an ideas competition, and September 5, 2007 26 WHEREAS, the CVIC discussions have indicated an interest among members to go beyond the initial charge to the committee, to participate in drafting and issuing a Request for Qualifications (“RFQ”), to review the submission of qualifications by applicant firms, and to act as a selection committee that would recommend a consultant and WHEREAS, the development of an FQ and the selection of a recommended consultant are tasks that the CVIC is willing and prepared to undertake, and WHEREAS, it is recommended that Third and Fourth Ward Alderpersons, as representatives of the Collegetown area and of the Common Council, join with the committee in undertaking these tasks, and WHEREAS, there are known to be a number of parties interested in developing sites in Collegetown, and in order to prevent construction that is inconsistent with the Collegetown Vision Statement or detrimental to the realization of the vision, it is important to begin work on the urban plan and design guidelines as expeditiously as possible, now therefore be it RESOLVED, That the Common Council, having established the implementation committee for the realization of the vision for Collegetown and having given that committee an initial charge, hereby extends that charge to the Collegetown Vision Implementation Committee to encompass the tasks described above, with the participation of the Common Council members from the Third and Fourth Wards, culminating in the recommendation of a consultant to the Mayor, and be it further RESOLVED, That the Mayor be authorized to execute any documents required to implement this resolution. Alderperson Tomlan explained that the Implementation Committee has been very active and well represented by interested parties. She would like to see the committee work deliberately and expeditiously. She further stated that the committee would be proposing a twelve (12) month building moratorium in the Collegetown area. Alderperson Townsend reported that Jennifer Wilkins has done a great job with the implementation committee. He asked what would be lost by taking out the ideas competition, which is a competitive and creative aspect of the process. He further stated that he understands the time constraints involved with the building moratorium and the potential development locating elsewhere in the City. A vote on the Resolution resulted as follows: Carried Unanimously (7-0) Resolution to Extend Meeting: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That the meeting be extended to 11:15 p.m. in order to finish the remaining items on the agenda. Carried Unanimously (7-0) MAYOR’S APPOINTMENTS: There were no appointments made at this meeting. REPORTS OF COMMON COUNCIL LIAISONS: There were no reports from Common Council liaisons. REPORT OF CITY CLERK: 18.1 City Clerk Holcomb reported to Common Council that she has been invited to travel to Ithaca’s sister-city, Elios Pronni, Greece as part of a delegation selected by the Cornell University Institute for European Studies. She will be departing on October 3, 2007 and will return on October 11, 2007. Mayor Peterson was not able to participate in this trip due to the timing of it and the City’s budget deliberations however an invitation has been extended to her to visit at a later date. 18.2 City Clerk Holcomb read into the record the following notice from the Ithaca Urban Renewal Agency: September 5, 2007 27 City’s Consolidated Plan: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) PUBLIC COMMENT PERIOD. The City of Ithaca is required by the U.S. Department of Housing and Urban Development (HUD) to annually report on its progress in implementing its Consolidated Plan. The report, known as the FY07Consolidated Annual Performance and Evaluation Report (CAPER), will be submitted to HUD on September 27, 2007. The report is available for public comment from September 6 through September 21, 2007 and may be reviewed in the City’s Community Development Office, Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Citizens should submit their comments in writing to the address above before Noon on September 21, 2007. Public comments will be attached to the CAPER and forwarded to HUD. REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that there have been no new lawsuits filed against the City. MINUTES FROM PREVIOUS MEETINGS: 21.1 Approval of the August 1, 2007 Regular Common Council Meeting Minutes – Resolution By Alderperson Gelinas: Seconded by Alderperson Zumoff RESOLVED, That the minutes of the August 1, 2007 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously (7-0) ADJOURNMENT: On a motion the meeting adjourned at 11:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor