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HomeMy WebLinkAboutMN-CC-2007-10-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. October 3, 2007 PRESENT: Mayor Peterson Alderpersons (10) Coles, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan, Korherr, Dotson OTHERS PRESENT: City Attorney – Hoffman City Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray Fire Chief – Wilbur Information Management Specialist – Myers Planner - Nicholas PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning & Economic Development Committee: Alderperson Tomlan requested that Item 15.1 Common Council Findings in Support of the Collegetown Temporary Moratorium – Resolution be moved to the first item under the Planning & Economic Development Committee and become Item 12.1. No Council Member objected. PROCLAMATIONS/AWARDS: 3.1 Mayor Peterson proclaimed October 27, 2007 as “Into the Streets Day” in the City of Ithaca. Lauren Wein, spokesperson for the event addressed Council to thank them for their support of this initiative and to explain that they are still in need of agencies to place volunteers. Alderperson Berry arrived at the meeting at 7:20 p.m. 3.2 Mayor Peterson proclaimed the month of September 15 – October 15, 2007 as Latino Heritage Month in the City of Ithaca. Eric Rosario and Fernando DeAragon addressed Council to thank them for their support and to highlight various events that will take place during the month. 3.3 Alderperson Coles spoke in support of the Mayor’s proclamantion on “No Place for Hate” and for the City re-affirming its commitment to zero tolerance for hate crimes. She described an incident that happened about 1 ½ years ago where a former Alderperson and his partner were accosted in the Home Dairy Alley by a group of young men because they were gay. The Alderperson shared this story because it was the only time he had felt afraid in Ithaca. She stated that in lieu of the critical events taking place in our society, now it is time for the City of Ithaca to re-affirm its commitment against discrimination for any reason and promote compatibility. SPECIAL ORDER OF BUSINESS: 4.1 Nomination for Appointment to fill the First Ward Vacancy Alderperson Coles nominated Jennifer Dotson to fill the First Ward Vacancy. She stated that the City was fortunate to find a candidate who is intelligent, hard working, well informed, and could fill this position immediately. Alderperson Townsend echoed Alderperson Coles comments and added his concern about democratic processes. He stated that he’s known Ms. Dotson for a couple of years and has encouraged her to run for a seat on Common Council because of her hard work and dedication as a Board of Public Works Commissioner. He further October 3, 2007 2 reflected on the work involved during his campaign for Common Council and wished Ms. Dotson good luck. Mayor Peterson explained that not having a full complement of ten Common Council members takes away her ability to vote. She stated that she understands Alderperson Townsend’s sentiments about the democratic and election processes, and how important it is to have representation from different parties so voters have a choice. Alderperson Coles explained that Ms. Dotson’s appointment to fill the vacancy in the First Ward would expire on December 31, 2007. As of this date, Ms. Dotson is the only candidate on the ballot to fill the vacancy in the first ward. Alderperson Berry stated that Ms. Dotson has been interested in running for Common Council for a long time. She further stated that Ms. Dotson has been very interested and engaged in the community and is enthusiastic and committed to Common Council and the work involved in upcoming budget review meetings. Alderperson Tomlan stated that before a vote was taken to fill the First Ward vacancy, she wanted to thank Ms. Dotson for her years of service to the Board of Public Works and the Planning Board and noted how much those boards would miss her. She further voiced her delight in having Ms. Dotson serve on Common Council. Resolution to Appoint Jennifer Dotson to fill a First Ward Vacancy By Alderperson Coles: Seconded by Alderperson Korherr WHEREAS, the resignation of Shane Seger, effective September 3, 2007 left a First Ward seat vacant on the Common Council, and WHEREAS, the Charter of the City of Ithaca provides that, “if a vacancy shall happen in any elective office other than Mayor, the Common Council shall fill the same by appointment”, and WHEREAS, it appears that as of this date that Jennifer Dotson is the only candidate running for the First Ward seat; now, therefore, be it RESOLVED, That Common Council, pursuant to Section C-100 of the Charter of the City of Ithaca, hereby appoints Jennifer Dotson to serve as a Common Council representative of the First Ward through December 31, 2007, effective immediately. Carried Unanimously Mayor Peterson administered the Oath of Office to Alderperson Dotson, and she joined the other Common Council members to participate in the meeting at 7:43 p.m. Mayor Peterson congratulated Alderperson Dotson and welcomed her to Common Council. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation by the Disability Advisory Council Larry Roberts, Chair of the Disability Advisory Council (DAC) distributed an annual report to Common Council members detailing the activities of the DAC in 2007. He highlighted the following items: “Summary of Major Work Our most important work was to advocate for a change in the way the city approaches snow and ice removal from sidewalks, an approach that now sees snow and ice removal as a priority, and as a matter of the rights of people with disabilities to be able to get around the city in the winter. The Disability Advisory Council has a good relationship with the Ithaca Urban Renewal Agency. We regularly met with Sue Kittel, Deputy Director, Community Development, to discuss priorities for HUD entitlement funds, with many positive results:  City Hall now has power doors at internal doors  The Red Cross Shelter is able to make access improvements at the Friendship Center that will allow access to shelter beds for people with mobility disabilities October 3, 2007 3  The Ithaca Youth Bureau is funded to install power doors at its entrance and re- stripe its parking lot for better handicapped parking. The DAC works collaboratively with Lynne Yost, sidewalk program, to improve the process of curb ramp installation and repair, beginning in 2005, when Vice-Chair Greg Gizewski helped survey many locations needing repair or installation. Continuing the process, former DAC member Caissa Wilmer developed a report identifying curb ramp needs in the north of the city, mostly in Fall Creek. Caissa surveyed the area and also sought input from neighbors and the Neighborhood Association. Lynne Yost has recently convened a South of the Creek working group to identify curb ramp and other access needs in that area. The working group includes three residents of Titus Towers and Assistant Civil Engineer, Lynne, Engineering Aide Kent Johnson, and Traffic Engineer Tim Logue; the executive director and maintenance coordinator at Titus Towers attended the first meeting. We have a good connection with JoAnn Cornish, Deputy Director of Planning and Development, having really good conversations about the ways that the DAC can give input and have a role with projects. The DAC received a presentation by Brian Wilbur, Fire Chief, City of Ithaca. He described the way that the fire department plans evacuation of people with disabilities from larger city buildings such as City Hall, Titus Towers, and the Mental Health Building. Chief Wilbur heard various concerns about Titus Towers and has agreed to review the evacuation plan developed by Ithaca Housing Authority, and ask them to implement drills. He will report back to the DAC. Other Work  Met with the City of Ithaca Diversity Committee. The DAC Chair is still waiting to appoint a liaison to that committee.  The mapping project moves forward, with the work of Charlie Dorsey. Samantha Baker, a Girl Scout, will be assisting Charlie; she’s pursuing the Gold Award, and assisting the DAC on the survey is part of her project. The award is the highest award for Girl Scouts. The mapping project has consisted of accessibility surveys of businesses in the downtown area. The collected data will be used to create a GIS-based map that can be easily updated and available on the City’s website.” DAC Chair Roberts gave special recognition to the following people for their support: Leslie Chatterton, Historic and Neighborhood Planner, Robin Korherr, Common Council member and liaison to the DAC, and Mayor Peterson. Mayor Peterson thanked Mr. Roberts for his leadership, dedication, and many years of service to the DAC. She explained that many other committees and boards should be providing annual reports to the Mayor and Common Council pursuant to City Charter and noted that she would be following up on this issue in the future. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: JoAnn Trutko, City of Ithaca resident and business owner in Collegetown, spoke in support of the proposed Temporary Building Moratorium for Collegetown. Theresa Alt, City of Ithaca, addressed Common Council regarding the City’s franchise agreement with Time Warner. She stated that she supports using the fees that Time Warner collects for the intended purposes. She stressed the importance of having a local access channel and described local programming needs. Wayles Browne, City of Ithaca and member of the Cable Access Oversight Committee, addressed Council in support of the proposed resolution regarding the City’s franchise agreement with Time Warner Cable. John Schroeder, City of Ithaca and Chair of the Planning Board, addressed Council to report that the Planning Board voted unanimously to support the Temporary Building Moratorium in Collegetown. He urged Common Council to support the proposed moratorium with the currently proposed appeals process. October 3, 2007 4 Joyce Muchan, Human Rights Commission, addressed Common Council to explain the role of the Human Rights Commission, and to distribute information about the services they provide. She further reported on the current dispute at Ithaca High School regarding racial discrimination and urged Council to hold the Ithaca City School District accountable. Joel Harlan, Town of Newfield, addressed Council regarding potholes, the proposed moratorium in Collegetown, the Markles Flat building, the need for a new Greater Ithaca Activities Center, and the need for big box stores such as Kohl’s. Susan Blumenthal, City of Ithaca, addressed Council in support of the proposed Temporary Building Moratorium in Collegetown. She urged Council to support the moratorium in order to identify the needs outlined in the Collegetown Vision Statement and to reduce the risks of unplanned construction. She further requested that the financial hardship clause not be removed and that the Planning Board remain the body to which appeals could be made. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Peterson welcomed the Ithaca High School Government class students in attendance at the meeting. Alderperson Zumoff noted a recent article in the Ithaca Journal that stated that the City of Ithaca had won an award as part of the “America in Bloom Program”. He recognized City Forester Andy Hillman for all his hard work and dedication that resulted in the presentation of this award. Alderperson Tomlan announced that nominations were being accepted for the 2007 Pride of Ownership Award which is jointly sponsored by the City of Ithaca and the Rotary Club. The deadline to submit nominations is Friday, October 19, 2007. She further responded to comments made about the proposed moratorium and noted for the record that Ellen McCollister had submitted her support for the proposed moratorium in writing to Common Council. Mayor Peterson noted that Jean McPheeters, Tompkins County Chamber of Commerce, has submitted a Resolution that the Chamber Board passed in opposition to the moratorium. Alderperson Coles addressed the current events taking place in Burma. She reminded everyone that the City has a significant Burmese population and noted that support should be provided to them and their fellow countrymen. Alderperson Korherr announced that the Environment and Neighborhood Quality Committee would be discussing the off-leash dog area at their October 22, 2007 meeting as its status as an off-leash dog area will expire December 1, 2007 unless Common Council takes further action. Alderperson Berry thanked the speakers for their comments and the high school students for coming to the meeting. She stated that the Environment and Neighborhood Quality Committee would also be discussing the issue involving the Ithaca City School District at its October meeting. She extended her support for the people in Burma fighting for democracy. She announced that the Dalai Lama would be visiting Ithaca next week and would be speaking at Ithaca College, Cornell University, and the State Theatre. She further announced that she has discovered that there are two Michelle Berry’s in Tompkins County and wanted people to know that the other one lives in Brooktondale. Alderperson Townsend noted that Alderperson Berry would be involved with the Dalai Lama’s visit and would be performing at the State Theatre for his event there. Alderperson Clairborne thanked the speakers for their comments and the students for coming out to the meeting. He responded to comments made regarding potholes, the October 3, 2007 5 Time Warner Cable franchise agreement, and the proposed temporary building moratorium. He stated that the Ithaca City School District should address issues of students being racially harassed and discriminated against. He further stated that he feels Common Council should make a statement in support of the need for the school district to make a commitment to addressing those issues. He also announced that the Calvary Baptist Church would be celebrating its 150th anniversary this month and invited everyone to the different events being held by the church in celebration of this special accomplishment. He noted that Leslyn McBean-Clairborne presided as Chair of the last Tompkins County Legislature meeting, which was the first time that a person of color convened the meeting and held the position of Tompkins County’s top executive. He further noted that Leslyn McBean-Clairborne is his wife. CONSENT AGENDA ITEMS: No items were submitted for the agenda ENVIRONMENT & NEIGHBORHOOD QUALITY COMMITTEE: 10.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 346 entitled “Vehicles & Traffic” to add Sections 346-1(B) and 346-3(M) regarding Car- Share Parking Spaces By Alderperson Korherr: Seconded by Alderperson Cogan ORDINANCE 07-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1: Section 346-1(B) of the Municipal Code of the City of Ithaca is hereby amended by the addition of the following definitions: §346-1. (“Definitions”) (B). CAR-SHARE VEHICLE – A vehicle used by members of a qualified car-sharing entity, which vehicle has been so identified to the City and which bears an affixed symbol issued by the City, indicating the same. QUALIFIED CAR-SHARING ENTITY – A corporation, cooperative or association, open to application (for membership and shared vehicle use) from the general public, and formed and maintained for the purpose of sharing the use of motor vehicles, which has submitted a proper application for qualification to the City Traffic Engineer (including proof of sufficient insurance coverage specifically for such shared use, with the City named as a co-insured, and an agreement to indemnify and hold the City harmless), and which has been so qualified by the City Traffic Engineer. Section 2: Section 346-3(M) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: §346-3. (“Delegation of Authority to Regulate Traffic”) (M). Bus stops and , taxicab stands and car-sharing locations. (1) The City Traffic Engineer is hereby authorized and required to establish bus stops, taxicab stands, parking locations exclusively for use by car-share vehicles, and stands for other passenger common carrier motor vehicles on such public streets, in such places and in such number as he/she shall determine to be of the greatest benefit and convenience to the public. The Board of Public Works shall be the body for appeals of the City Traffic Engineer’s decisions regarding such locations or the qualifications of any applicants therefor. (2) Before the Traffic City Engineer may authorize or renew a parking location for use by car-share vehicles, the car-sharing entity that seeks October 3, 2007 6 such authorization must submit a proper written request for the same (including proof of insurance coverage for the car-sharing arrangement, naming the City as a co-insured, and indemnification of the City), and must show that the entity qualifies under the definition of a “car-sharing entity” which is contained herein. [subsequent subsection to be renumbered as “(3)”] Severability If any section, sentence, clause or phrase of this law 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 law. Section 12: Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Alderperson Dotson recused herself from the discussion and vote on this item as she is on the staff of Ithaca Car Share. She further explained that the City’s Traffic Engineer is also on the board of Ithaca Car Share and the Superintendent of Public Works would designate parking locations until the conflict no longer exists. Alderperson Korherr explained that Ithaca is the first city in New York State to designate special parking spaces for this type of an organization. She further explained that applications from the general public would be accepted with proof of specific insurance coverage. She stated that this legislation was passed unanimously at the committee meeting. City Attorney Hoffman explained that car sharing is intended to be open to the public. However the City wants to avoid situations where two people who own a car could apply for membership when there is no intent to share the car as an entity. Alderperson Clairborne stated that he was happy to see this initiative move forward as it will assist the public and reduce the amount of cars on the road. Alderperson Townsend thanked everyone for their work on this issue and wished them good luck in this endeavor. Alderperson Korherr explained that this change would require a minimum of six parking spaces, maximum of twelve spaces, to be designated for car share vehicles. She further explained that more information on this program can be obtained from visiting the website for Ithaca Car Share. Alderperson Zumoff questioned how a “public space” could be reserved for this program. City Attorney Hoffman explained that there is no absolute answer to this question because this type of organization is so new and there is no case law to refer to. He further explained that New York State law specifies that the people and not a special class/organization shall use public spaces. There may be an undermining of public trust by making car-sharing spots available; although the City has set a precedent by establishing specific locations for taxi stands. The City cannot create taxi stands for a particular taxi company. Similarly, the car share spots have to be open to any car in a car sharing entity. This use must be tested in the courts as car sharing is promoted throughout the country. A vote on the Ordinance resulted as follows: Ayes (9) Coles, Berry, Clairborne, Zumoff, Tomlan, Gelinas, Townsend, Cogan, Korherr Nays (0) Abstentions (1) Dotson October 3, 2007 7 Carried (9-0-1) 10.2 Support for Tobacco-Free Zones and Other Voluntary Steps to Reduce Smoking - Resolution By Alderperson Korherr: Seconded by Alderperson Berry WHEREAS, in New York State there are 25,500 deaths every year from causes attributable to smoking. Nationwide, the toll is 450,000 deaths a year, and WHEREAS, in New York State, medical costs to care for disease and disability attributable to smoking total $8.17 Billion annually, or $12.62 for every pack sold in the state. Direct Medicaid costs attributable to smoking total $5.47 Billion a year in New York State, or $375 per capita, and WHEREAS, tobacco dependence is a chronic condition that often requires repeated intervention. Personal contact, including but not limited to providing social support, is especially effective for individuals attempting tobacco cessation, and WHEREAS, in Tompkins County 19 percent of adults are cigarette smokers. The average consumption per smoker is about 16 cigarettes a day, for a total of approximately 12,500 packs a day consumed by Tompkins County adults, and WHEREAS, the June 27, 2006 Report of the Surgeon General cites “massive and conclusive scientific evidence” that “there is no risk-free level of exposure to secondhand smoke,” and that “exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer”, and WHEREAS, an estimated 50,000 excess deaths a year result from exposure to secondhand smoke in the United States, and WHEREAS, a wide majority of Tompkins County adults support restrictions on smoking at outdoor public places in the county, and WHEREAS, the Tompkins County Health Department in July 2006 introduced the Tobacco Free Zone program in part as a voluntary tool to protect the health and safety of County employees, residents and visitors by improving air quality of building entryways and outdoor areas frequented by the public, and WHEREAS, codes and administrative orders that ban smoking in outdoor public spaces have been implemented by jurisdictions in New York State to help protect youth from secondhand smoke and to provide a more healthy model of adult behavior, and WHEREAS, smoke free public spaces may be an important part of a comprehensive tobacco use prevention program, and WHEREAS, litter resulting from cigarette smoking in open public spaces is unsightly and detracts from the visual landscape for both residents and visitors, presents a potential hazard to young children, pets and wildlife, and is costly to clean up, and WHEREAS, teens and adolescents are motivated to smoke by common tobacco industry marketing practices, irrespective of whether or not they intentionally target youth, and WHEREAS, youth regularly shop at stores where exposure to tobacco ads and promotions is likely, and WHEREAS, funds as available to implement these initiatives through signage will be provided by grants awarded to the Tompkins County Health Department; now, therefore be it RESOLVED, That special tobacco promotions be prohibited from taking place on city owned or managed property, and, be it further October 3, 2007 8 RESOLVED, That the City of Ithaca be prohibited from accepting any and all donations from tobacco manufacturers, and, be it further RESOLVED, That this Common Council urges all businesses and workplaces within the City to establish T-Free Zones at entrances, exits and outdoor common areas on their property, and, be it further RESOLVED, That this Common Council urges all retail stores licensed to sell tobacco products to take voluntary steps to reduce the size and number of tobacco advertising and promotional displays that are visible from outside the store to the minimum which is reasonable to convey to customers who currently use tobacco the message that the store sells tobacco products, and, be it further RESOLVED, That this Common Council urges all retail stores licensed to sell tobacco products to take voluntary steps to reduce the size and number of tobacco advertising and promotional displays that are visible from inside the store to the minimum which is reasonable to convey to customers who currently use tobacco information about brands and products available for sale, and current pricing for those products. Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Townsend RESOLVED, That the 14th Whereas clause be amended to read as follows: ‘WHEREAS, For the purpose of implementing these initiatives, T-Free Zone signage will be provided through funding as available and approved from a New York State Tobacco Control Program grant to the Tompkins County Department of Health.” Alderperson Korherr explained that Ted Shiele, of the Tompkins County Health Department worked closely with the committee on this resolution and a proposal to change language in the City of Ithaca Municipal Code. She stated that the City Attorney advised the committee to complete additional research into the proposed City Code amendment. The committee unanimously approved this Resolution as it will improve the quality of life issue and also be self-enforced. She explained that the committee would address this issue further once the City Attorney’s office provides them with additional information. Alderperson Korherr explained that the proposed amendment on the floor is from Ted Shiele as he feels that it is important to understand that there is collaboration with the Tompkins County Health Department. The City of Ithaca would not have to pay for any of the advertising related to this initiative as the grant money will be used as available and approved for the costs. She stated that Mr. Shiele submitted this proposed language because the resolution in its present form does not indicate that funding is available for this initiative. After further discussion the proposed amendment was withdrawn. Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously 11. COMMUNICATION & EMERGENCY SERVICES COMMITTEE: 11.1 Update on Start of School Year Activities at Local Campuses Alderperson Clairborne reported that all activities to begin the start of the academic year on area campuses went very well. The Fire and Police Departments made a full report at the September Communications and Emergency Services meeting and provided information on over-time hours, call volumes, and resulting arrests. 11.2 Update on New Emergency Communication System Alderperson Clairborne provided the following update that Fire Chief Wilbur presented to the Emergency Services and Communications Committee in September: October 3, 2007 9 “The physical construction of facilities for the new system is nearing the finishing stages now. With the exception of one tower in Newfield, all others are at or near operational states. The new microwave links between the towers are coming on line now, with the 800 MHz radio systems close behind. Initial trials indicate performance may exceed expectations. Although the original cut-over date of October 7th will not be met, it is anticipated the system will be up and running before the end of October. This does not mean it will be operational because calibrating, testing, and other activities will take some time to complete. Equipment orders (i.e., vehicle radios, base stations, etc.) are on their way to the vendor. Late news suggests the pricing may be more favorable to us than first anticipated. In the meantime, emergency services personnel, including representatives from the Ithaca Fire and Police Departments, are working on policies and procedures necessary to structure and manage the new system. Post 9-11, communications interoperability between emergency service agencies was identified as a critical capability and Tompkins County will soon be at the cutting edge. Insuring the structure and training needed to take full advantage of this new resource is a critical task. Wireless 911 service enhancements are in the works. The Phase II piece is underway as negotiations proceed with cell phone companies servicing Tompkins County. The result of this will be the ability to determine the location of a cell phone caller to the 911 Center, which will be a critical advance from current operations. A meeting will be convened in October to initiate the annual review and discussions of the Memorandum of Understanding between the County and City for dispatch and communications services. This is an opportunity to review the performance of the parties to the MOU and of the MOU itself in meeting the needs of each agency involved.” Alderperson Zumoff added that Tompkins County now has a 2-1-1 system in place that the public can use to obtain information. He thanked Ed Swayze at the Human Services Coalition for his many years of service providing information 24 hours a day seven days a week to the community. 12. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 12.1 Common Council Findings in Support of the Collegetown Temporary Moratorium – Resolution By Alderperson Tomlan: Seconded by Alderperson Gelinas WHEREAS, the area of East Hill known as Collegetown has grown alongside Cornell University, providing privately developed housing, goods and services to members of the campus community—students, faculty and staff—for over 125 years, and WHEREAS, there have been periods of greater and lesser growth and change in Collegetown, but generally increased development, and WHEREAS, in September 1985 the Common Council enacted a temporary, 12-month moratorium on certain construction in Collegetown, which moratorium was extended by 6 months, in order to study and enact new legislation for the area, which had been undergoing rapid change with the construction of several new apartment and mixed-use buildings, and WHEREAS, in September 1999 the Common Council enacted a temporary 12-month moratorium on the construction of new dwellings in Collegetown in order to complete an in-depth study of parking issues, which moratorium was followed by the establishment of the Collegetown Parking Overlay Zone and new parking regulations in October 2000, and October 3, 2007 10 WHEREAS, in the 14 years between the end of the first moratorium and the beginning of the second, new multistory apartment and mixed-use buildings were constructed, including but not limited to Egan Square, Student Agencies, Collegetown Plaza, Collegetown Center, 312 College Avenue, 122 Catherine Street, and 407 College Avenue, that took, according to the Collegetown Parking Study (July 2000), “the total number of beds in large apartment buildings to almost 2,000,” and WHEREAS, even as the Collegetown parking study and enactment of new regulations proceeded, it was recognized that this most densely populated neighborhood in the City would benefit from a broader analysis and plan, including consideration of density, use, circulation, streetscapes, and interface with surrounding residential neighborhoods, and WHEREAS, on December 7, 2005, the Common Council authorized the establishment of a Collegetown Client Committee charged with formulating a vision for Collegetown development reflective of the interests and concerns of that community and of the city as a whole, and with recommending steps to achieve that vision, and WHEREAS, in April 2006 the Collegetown Vision Task Force was appointed and included representation from owners and employees of Collegetown businesses, property owners, Cornell University students and administrators, real estate/banking/construction interests, residents of adjoining neighborhoods, and Common Council members, and WHEREAS, this group met over the course of ten months and considered the challenges and issues facing Collegetown, and ways of improving the economic, aesthetic, social, and environmental quality of life of Collegetown in such a manner as to have a beneficial impact on the surrounding community and the city at large, and WHEREAS, the completed Collegetown Vision Statement was presented to Common Council and was endorsed by the Common Council on June 6, 2007, and WHEREAS, to implement the vision, the Common Council established the Collegetown Vision Implementation Committee, which it charged with prioritizing the recommendations of the vision statement and developing the process for their implementation, including the preparation of a scheduled estimate of a budget, identification of funding sources, and definition of project boundaries, and WHEREAS, to further proceed toward this goal and, in particular, to undertake the preparation of an urban plan and design guidelines for Collegetown, the Common Council on September 5, 2007, established a capital project in an amount not to exceed $75,000 which will be combined with a dollar-for-dollar match of up to $75,000 to be made available by Cornell University, and WHEREAS, a Request for Qualifications from firms interested in preparing an urban plan and design guidelines for Collegetown has been issued, and WHEREAS in the 7 years since the completion of the parking study and creation of the Collegetown Parking Overlay Zone, new apartment and mixed-use buildings have been, are being or have permits to be constructed, including but not limited to 301 Eddy Street, 227-231 Linden Avenue, 400-404 College Avenue, 319 College Avenue, 320 Dryden Road, and 121 Oak Avenue, and WHEREAS, at least five further project proposals for apartment and mixed-use buildings of substantial scale within the Collegetown Parking Overlay Zone have been discussed with and/or are known to staff of the Department of Planning and Development; now, therefore, be it October 3, 2007 11 RESOLVED, That in endorsing the vision statement the Common Council finds that:  Consensus has developed for taking a comprehensive look at the Collegetown environment, including but not limited to urban design, architectural character, public and private infrastructure, the impacts of high-density student housing, the quality of life in surrounding residential neighborhoods, the pedestrian experience, transit, vehicular access, parking, the business climate, and the interface with downtown and with the campus.  Insufficient attention has been given to the design and quality of the urban environment in Collegetown, including streetscapes and individual buildings.  The Collegetown business district does not fulfill its potential, with a limited retail mix and a customer base tied to the academic calendar.  Spaces for public gathering are limited in Collegetown.  In spite of having an enormous amount of foot traffic, the Collegetown area is not especially pedestrian friendly, while accommodations for bicycle and transit use are deficient.  There continues to be, in both perception and reality, a parking shortage in Collegetown, and many accommodations for parking detract from neighborhood character; and be it further RESOLVED, That the Common Council finds that the creation of an urban plan and design guidelines for Collegetown, with concomitant legislation, is needed that will  foster the construction of buildings in the business area that accommodate desirable mixed uses, including upper-story office use;  encourage first-floor retail use to promote street activity in the business area;  protect residential neighborhoods to the east, south and west of the Collegetown core from adverse impacts of multistory commercial and student residential development;  stabilize transition areas between high-density R-3 zones and the lower-density R-1 or R-2 neighborhoods;  protect and preserve the residential fabric and quality of life that attracts long- term owner-occupants to these neighborhoods;  encourage the provision of new housing for a greater mix of household types;  ensure that public and private redevelopment routinely includes pedestrian and bicycle accommodations;  recognize and support the important role played by public transit;  encourage the creation of well-designed public spaces that provide needed venues for social and cultural experience;  highlight valued historic and cultural features and the distinctive topographical environment;  reduce zoning incentives for the demolition of buildings that contribute to the character of Collegetown; and  ensure that new construction is compatible with the existing and planned urban fabric in terms of terms of height, lot coverage and/or placement on the lot; and be it further RESOLVED, That the Common Council finds that, given its commitment to and investment in the creation of an urban plan and design guidelines for Collegetown, it is important that conditions of use, occupancy and form be stabilized in the face of continued development pressure, and be it further RESOLVED, That the Common Council finds that the proposed temporary moratorium on certain construction within the Collegetown Parking Overlay Zone will provide those conditions and will enable the creation of an urban plan and design guidelines to so proceed, while permitting certain specified exemptions and applications for relief. Alderperson Tomlan explained why this resolution did not make it to the Planning & Economic Development Committee for discussion. Alderperson Gelinas stated that the building moratorium would provide time to incorporate the vision and urban design guidelines recommended by the Collegetown October 3, 2007 12 Vision Task Force. He further stated that the moratorium would not stop development in Collegetown as the demand for property in that area will always be there. He explained that the committee spent 10 months creating the Collegetown Vision Statement and if development is allowed during the moratorium period the plan would be undermined. He encouraged Council to support the proposed moratorium. Alderperson Zumoff noted that items 12.1 and 12.2 are tied closely together. He stated that he does not support the moratorium but would like to see Council issue a statement of support for the Collegetown Urban Design concept. He further stated that he would like to see the last two Resolved clauses removed from the resolution. Amending Resolution: By Alderperson Zumoff: Seconded by RESOLVED, That the last two Resolved clauses in the resolution be removed. Motion Failed for lack of Seconder Alderperson Tomlan stated that Common Council has already adopted the Collegetown Vision Statement and a capital project has been established for the consultant and implementation committee. She stated that it is important to support the moratorium to facilitate the planning process and optimize the City’s investment. The Collegetown Vision Statement is a major step forward and the plan will put the vision together. The moratorium is essential to move forward with the urban design plan and to move beyond the vision statement. She stated that she firmly supports the moratorium and encouraged Council’s support for it. Alderperson Korherr stated that everyone has been criticized for approval of spotty development in the City and she feels that this proposal is a “no brainer”. She further stated that there is a need to endorse the plan and respect the recommendations of the Collegetown Vision Task Force. Mayor Peterson explained the importance of a comprehensive plan for the City as well as looking at zoning issues and stated that a lot of development in the City does not go forward without variances being granted. Alderperson Berry stated that she is torn about her decision on this resolution. She explained that if she votes against it, the moratorium will still go forward and she struggles with the issue of eminent domain. She further stated that Council needs to keep in mind the comments that have been made against the moratorium. She expressed concern about the process and the opportunity for students to voice their opinions. She further expressed concern about the Tompkins County Chamber of Commerce opposition to the moratorium and hopes that future processes will involve them to improve the process and provide earlier engagement of constituents. Alderperson Gelinas stated that there were student representatives on the Collegetown Vision Task Force Committee and there was also a Collegetown Neighborhood meeting to involve area residents with the proposal. He further stated that the Cornell Daily Sun covered the story and students had information on how to access information on the proposal. He stated that he did his best to involve students in the process and the Planning Committee heard extensively from the community on this issue. He feels that both students and community members have been actively involved in this proposed project. Alderperson Townsend stated that a distinction should be made between graduate and undergraduate students and that both of those groups should be included in the future. Alderperson Clairborne stated that he supports the resolution and appreciates that the plan includes the business community. He further stated that this process will help in other parts of the City as development occurs to try to balance resident and student needs. October 3, 2007 13 Alderperson Dotson stated that the neighborhoods and buildings in the area need to be preserved and she supports the findings of the task force to stabilize and balance development in the area. She further stated that projects that do fit into the guidelines will take time to develop and a year may seem like a long time, but is not. Alderperson Townsend stated that he supports the moratorium but not the process by which it was done. A vote on the Resolution resulted as follows: Ayes (8) Coles, Dotson, Clairborne, Tomlan, Gelinas, Townsend, Cogan, Korherr Nays (2) Berry, Zumoff Abstentions (0) Carried (8-2) 12.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325 entitled “Zoning” to add Section 325-27 entitled “Temporary Moratorium” By Alderperson Tomlan: Seconded by Alderperson Coles ORDINANCE NO. 07- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City does hereby establish a temporary moratorium on certain new construction within the Collegetown Parking Overlay Zone as follows: Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add the following section: § 325-27. TEMPORARY MORATORIUM A. Purpose and Intent. A temporary moratorium on certain new construction within the Collegetown Parking Overlay Zone, as described below, is hereby established, for a 12-month period beginning with the effective date, as set forth in Section 4, herein. The purpose of this moratorium is to stabilize, temporarily, existing conditions of use, occupancy and form in the face of continued development pressure, in order to provide the Common Council with sufficient time and opportunity to prepare and adopt an urban plan and design guidelines for the Collegetown area, and to draft and enact revised zoning and related regulations, as needed, in order to implement the plan. The Common Council intends the plan and the design guidelines to address the threats, problems and goals set forth in the Vision Statement it has endorsed for Collegetown (see Subsection B, below), as well as the related concerns of the Planning and Development Board (also described below). B. Background. 1. Almost since the opening of Cornell University in the nineteenth century, the area of East Hill in the vicinity of the campus has grown alongside the university, providing privately developed housing and services for members of the campus community—students, faculty, and staff. While there have been periods of greater and lesser growth, the overall pattern has been one of increased development, and this area, particularly the Collegetown business district, is now the most densely populated and built-up neighborhood in the City of Ithaca. Over the years, various individual studies have been done, streetscape improvements made and zoning regulations adjusted. The most recent study, completed in 2000, was broadly defined in geographic terms, but its investigations and the resultant legislative actions were limited to the single topic of parking. Since that time, development has continued, and October 3, 2007 14 consensus has developed for taking a comprehensive look at the Collegetown environment, including but not limited to urban design, new construction, public and private infrastructure, the impacts of high-density student housing, the quality of life in surrounding residential neighborhoods, the pedestrian experience, transit, vehicular access, parking, the business climate, and the interface with downtown and with the campus. 2. The Collegetown Vision Statement. The need to attend to planning and land use issues in the Collegetown area was a factor in Common Council’s decision, on December 7, 2005, to authorize the establishment of a Collegetown Client Committee charged with formulating a vision for Collegetown development reflective of the interests and concerns of that community and of the city as a whole, and with recommending steps to achieve that vision. As defined in February 2006 and appointed in April 2006, the resultant Collegetown Vision Task Force included representation from owners and employees of Collegetown businesses, property owners, Cornell University students and administrators, real estate/banking/construction interests, residents of adjoining neighborhoods, and Common Council members. This group met over the course of ten months and considered the challenges and issues facing Collegetown, and ways of improving the economic, aesthetic, social, and environmental quality of life of Collegetown in such a manner as to have a beneficial impact on the surrounding community and the city at large. The completed vision statement was presented to Common Council and endorsed on June 6, 2007. (a) The Vision Statement identified various concerns that need to be addressed, including the following: (1) Insufficient attention has been given to the design and quality of recently built components of the urban environment. (2) In spite of having an enormous amount of foot traffic, the Collegetown area is not especially pedestrian friendly. Accommodations for bicycle and transit use are deficient. (3) Spaces for public gathering are limited. (4) The business district does not fulfill its potential, with a limited retail mix and a customer base tied to the academic calendar. (5) There continues to be, in both perception and reality, a parking shortage, and many accommodations for parking detract from neighborhood character. (b) The Vision Statement recommends the creation of an urban plan and binding design guidelines, as well as reconsideration of existing zoning to ensure that it is or will be consistent with the plan. According to the Vision, a plan is needed that will: (1) Ensure that architectural form in the business area accommodates desirable mixed uses, including upper-story office use. (2) Encourage first-floor retail use to promote street activity in the business area. October 3, 2007 15 (3) Protect residential neighborhoods to the east, south and west of the Collegetown core from adverse impacts of commercial and high-density student residential development. (4) Protect and preserve the residential fabric and quality of life that attracts long-term owner-occupants to these neighborhoods. (5) Encourage the provision of new housing for a greater mix of household types. (6) Ensure that public and private redevelopment routinely includes pedestrian accommodations. (7) Encourage the creation of well-designed public spaces that provide needed venues for social and cultural experience. 3. In addition to the visioning process, and in response to its own site plan review activity, particularly in multiple residence zones, the City of Ithaca Planning and Development Board has determined that the unique character of the residential neighborhoods in the Collegetown area is threatened by the likely prospect of increased development that may be permitted by existing zoning but which does not respect existing neighborhood form, fabric and character. Furthermore, continued development in the denser, business area could exacerbate current, identified problems, unless a more comprehensive plan and accompanying zoning and design guidelines are enacted. The Board has requested that the City consider revising the zoning in the Collegetown area, in order to: (a) ensure that new construction fits within the context of the existing urban fabric in terms of height, lot coverage and/or placement on the lot; (b) reduce zoning incentives for demolition of buildings that contribute to the character of Collegetown; (c) stabilize transition areas between B (business) zones or high- density R-3 zones and the lower-density R-1 or R-2 neighborhoods. C. Moratorium Terms. 1. Effective Period. This moratorium shall be in effect, within the boundaries described in Subsection E, herein, for a period of twelve (12) months from the effective date of this ordinance, as described in Section 4, herein. 2. Affected Activities. During the effective period of this moratorium, and within the affected area (the Collegetown Parking Overlay Zone), there shall be a moratorium on the following: (a) Construction of any new structure, as defined in Subsection D, herein; or (b) Any alterations or additions to existing structures that would increase the legal residential occupancy of such structures; October 3, 2007 16 (c) Any modifications to the exterior of any existing structures, where such modifications would require site plan review, except that the following shall not be affected by this moratorium: (1) equipment replacement, (2) repairs using like materials, (3) alterations necessary for code compliance as cited by the City of Ithaca Building Department, or (4) construction or alterations associated directly and solely with retail activity, where such construction or alterations meet the definition of “projects of limited scope” and are therefore eligible for expedited site plan review (see Chapter 276, Site Plan Review). (d) Construction of any additional parking spaces, parking areas, or parking structures. (e) All demolition, except for demolition of a structure that is determined to be unsafe in conformance with Chapter 146, Article III. 3. Implementation. (a) During the effective period of this moratorium, the Building Commissioner shall cease to issue permits for the following, within the affected area: (1) construction of any new structure; (2) alterations or additions to existing structures that would increase the legal residential occupancy thereof; (3) exterior modification of any structures, where such modification would require site plan review, except as allowed pursuant to Subsection 2.c, above; or (4) demolition of any structures, except as allowed pursuant to Subsection 2.e, above. (b) During the effective period of this moratorium, the Planning and Development Board shall cease to issue site plan approval for the following, within the affected area: (1) construction of any new structure; (2) alterations or additions to existing structures that would increase the legal residential occupancy thereof; (3) exterior modification of any structures, where such modification would require site plan review, except as allowed pursuant to Subsection 2.c, above; or (4) demolition of any structures, except as allowed pursuant to Subsection 2.e, above. (c) This ordinance shall be binding on all City departments, boards and commissions and any applicant or property owner in the City. October 3, 2007 17 D. Definitions. 1. For purposes of this Section, the terms “structure” and “alteration” shall be as defined in the Code of the City of Ithaca, Zoning, Section 325-3, as follows: (a) “STRUCTURE - Anything that is constructed or erected on the ground or upon another structure or building. Structure includes constructed parking spaces, parking areas, and buildings.” (b) “ALTERATION – As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on the front, rear, or on a side or by increasing in height, or the moving from one location or position to another.” E. Boundary of Affected Area. This moratorium shall apply to all properties in the Collegetown Parking Overlay Zone (CPOZ) as indicated on the attached map entitled “Collegetown Parking Overlay Zone (CPOZ).” The tracts so affected are in an area bounded by a continuous line beginning at the southwest end of the Stewart Avenue bridge where it crosses Cascadilla Creek; thence proceeding in a westerly direction along the northern boundary of tax parcel 63-1-1 to the northwest corner of said parcel; thence continuing southerly along the westerly boundaries of tax parcels 63-1-1 through 63-1-4 to the southwesterly corner of said parcel; thence continuing in an easterly direction along the southerly boundary of tax parcel 63- 1-4 to the northwesterly corner of tax parcel 63-1-5; thence continuing in a southerly direction along the westerly boundary of tax parcels 63-1-5 and 63 -1-6, then continuing in a southerly direction across Osmun Place to the northwest corner of tax parcel 63-10-3 and continuing in a southerly direction along the westerly boundaries of tax parcels 63-10-3 through 63-10-5, then continuing in a southerly direction across East Buffalo Street to the northwest corner of tax parcel 63-11-3 then continuing in a southerly direction along the westerly boundaries of tax parcels 63-11-3 through 63-11-8, then continuing in a southerly direction across East Seneca Street to the northwest corner of tax parcel 68-1-2 and continuing in a southerly direction along the westerly boundaries of tax parcels 68-1-2 through 68-1-4, to the southwesterly corner of said parcel; thence continuing in a westerly direction along the northerly boundary of tax parcel 68-1- 5 to the northwest corner of said parcel; thence continuing in a southerly direction along the westerly boundary of tax parcels 68-1-5 and 68-1-6 to the northwest corner of tax parcel 68-1-9; thence continuing in an southeasterly direction along the northerly boundary of tax parcel 68-1-9 to the northwesterly corner of tax parcel 68-1-7, such that tax parcel 68-1-6 is wholly included in the CPOZ; thence continuing in a southerly direction along the westerly boundaries of tax parcels 68-1-7 and 68-1-8 , which parcels front on Stewart Avenue, then continuing southerly across East State Street to the northwesterly corner of tax parcel 68-10-1, then continuing in a southerly direction along the westerly boundary of said parcel to its southwest corner; thence continuing in a southeasterly direction along the southerly boundaries of tax parcels 68-10-1 and 68-10-2 to the southeast corner of tax parcel 68-10-2, then continuing in an easterly direction across Ferris Place to the southwesterly corner of tax parcel 68-9-1 and continuing along the southerly boundaries of tax parcels 68-9-1 through 68-9-3 to the southeast corner of said parcel, then continuing northeasterly across South Quarry Street to the northwesterly corner of tax parcel 83-2-1; thence continuing southerly along the westerly boundaries of tax parcels 83-2-1 and 83-2-2; thence continuing in a southeasterly direction along the southerly boundaries of tax parcels 83-2-2 through 83-2-14 to the point of intersection with the southerly boundary of tax parcel 83-2-24.12, then continuing in a southeasterly direction along the southerly boundaries of tax October 3, 2007 18 October 3, 2007 parcels 83-2-24.12, 83-2-16.2, 83-2-17, 83-2-22 and 83-2-21 to the southeasterly corner of tax parcel 83-2-21and its intersection with Valentine Place: thence continuing northeasterly across Valentine Place to the southwesterly corner of tax parcel 89-3-14, then continuing in a northeasterly direction along the westerly boundaries of tax parcels 89-3-14 and 89-3-15 to the southwesterly corner of tax parcel 89-3-1; thence continuing in a southeasterly direction along the southerly boundary of tax parcel 89-3-1 to the southeasterly corner of said parcel; thence continuing in a southerly direction along the westerly boundary of tax parcel 89-3-2 to the southwesterly corner of said parcel; thence continuing in a southeasterly direction along the southerly boundary of 89-3-2 to the southeasterly corner of said parcel; thence continuing in a southerly direction along the westerly boundary of tax parcel 89-3-3 to the southwesterly corner of said parcel; thence continuing in a southeasterly direction along the southerly boundary of tax parcel 89-3-3 to the southeasterly corner of said parcel; then continuing in a southerly direction along the westerly boundary of tax parcel 89-3- 4 to the southwesterly corner of said parcel and continuing along the southerly boundaries of tax parcels 89-3-4 and 89-3-5.1 to the southeasterly corner of said parcel which parcels front on East State Street; thence in a northeasterly direction along the easterly boundary of tax parcel 89-3-5.1 to its northeasterly corner and its intersection with East State Street; thence westerly along the northerly boundaries of tax parcels 89-3-5.1 through 89-3-1, then continuing northwesterly across Valentine Place and continuing along the northerly boundaries of tax parcels 83-2-19 through 83-2-24.12 to the northwest corner of said parcel; thence northeasterly across East State Street to the southeasterly corner of tax parcel 83-3-6.1; thence continuing easterly across Blair Street to the southwesterly corner of tax parcel 83-4-5; thence continuing northeasterly on Mitchell Street along the southerly (street side) boundaries of tax parcels 83-4-5 and 83-4-4 to the southwesterly corner of tax parcel 83-4-4 and its intersection with College Avenue, then continuing northeasterly across College Avenue to the southwest corner of tax parcel 83-6-3, and continuing easterly following the southerly boundaries of tax parcel 83-6-3 and 83–6-2 to the southwest corner of tax parcel 83-6-2, then continuing easterly across Linden Avenue and along the southerly boundary of tax parcel 84-1-1 to the southeast corner of said parcel; thence continuing northerly along the easterly boundaries of tax parcels 84-1-1 and 67-3-18 to the northwesterly corner of tax parcel 67-3-4; thence proceeding easterly along the northerly boundary of tax parcel 67-3-4 to the northeasterly corner of said parcel and its intersection with Delaware Avenue; thence continuing northerly along Delaware Avenue following the easterly boundaries of tax parcels 67-3-3 and 67-3-2 to the northeasterly corner of tax parcel 67-3-2 and its intersection with Bryant Avenue, then continuing easterly across Bryant Avenue to the southwest corner of tax parcel 64-8-11 and its intersection with Harvard Place, then continuing easterly along Harvard Place following the southerly boundaries of tax parcels 64-8-11 and 64-8-10 to the southeasterly corner of tax parcel 64-8-9, which parcels front on Harvard Place; thence northerly along the easterly boundaries of tax parcels 64-8-9 and 64-8-5 and its intersection with Dryden Road, then continuing northerly across Dryden Road to the southwesterly corner of tax parcel 64-2-13; thence continuing southeasterly along Dryden Road following the southerly boundary of tax parcel 64-2-13 to its southeasterly corner and its intersection with Elmwood Avenue; thence continuing northerly along Elmwood Avenue following the easterly boundary of tax parcel 64-2-13 to the northeasterly corner of said parcel; thence continuing westerly along the northerly boundary of tax parcel 64-2-13 such that tax parcel 64-2-13 is wholly included in the CPOZ; thence continuing northerly along the easterly boundaries of tax parcels 64-2-14, 64-2-15, and 64-2-8 to the northwesterly corner of 64-2-9; thence continuing easterly along the northerly boundary of tax parcel 64-2-9 to the intersection with Oak Avenue; thence continuing northerly across Oak Avenue, and continuing northerly to its intersection with the center line of Cascadilla Creek; thence continuing westerly along the center line of Cascadilla Creek to the southwest end of the Stewart Avenue bridge, the point and place of beginning. October 3, 2007 19 F. Exemptions. Construction, alterations or demolition authorized by building permits which were issued on or before the effective date of this Section shall be exempt from the provisions of this moratorium. G. Applications for Relief. Any person whose property lies within the boundaries of the Collegetown Parking Overlay Zone as described in Subsection E, herein, may apply to the Board of Zoning Appeals for relief from this moratorium. The Board of Zoning Appeals, upon petition, may grant appropriate relief from the terms of this Section, subject to whatever conditions are deemed necessary by that Board to protect the public and the interests of the City. Applications for such relief shall be by verified petition to the Board and shall be supported by an explanation of why the desired construction is essential to avoid unnecessary financial hardship and will not interfere with the realization of the goals set forth in the Collegetown Vision Statement, which goals include creating a diverse, commercially viable, dense, mixed-use community characterized by notable urban design, a predominantly student population, high quality architecture, vibrant public spaces, and pedestrian amenities, while protecting the character of the surrounding neighborhoods. The Board shall consider any recommendations from the Planning Board pertaining to such applications for relief. The Board shall hold a hearing on any such petition within sixty (60) days and decide such applications within fifteen (15) days after the closing of such hearing. H. Penalties. 1. Any person, firm or corporation that shall construct, alter, demolish, or make additions to any structure in violation of the provisions of this Section or shall otherwise violate any of the provisions of this Section shall be guilty of a violation. Each day that such violation continues shall be considered a separate violation. 2. The City of Ithaca may apply to a court of competent jurisdiction for injunctive relief to cease any and all such actions which conflict with the provisions of this Section. Section 2. Supersession. This Section (325-27) is intended to supersede any inconsistent provision of the City Charter or Code. Section 3. Validity. The invalidity of any provision of this Section (325-27) shall not affect the validity of any other provision which can be given effect without such invalid provision. Section 4. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter and shall expire 12 months after the effective date. Amending Resolution By Alderperson Townsend: Seconded by Alderperson Gelinas RESOLVED, That Section G – Applications for Relief, be amended to read as follows: “G. Applications for Relief. Any person whose property lies within the boundaries of the Collegetown Parking Overlay Zone as described in Subsection E, herein, may apply to the Board of Zoning Appeals for relief from this moratorium. The Board of Zoning Appeals, upon petition, may grant appropriate relief from the terms of this Section, subject to whatever conditions are deemed necessary by that Board to protect the public and the interests of the City. Applications for such relief shall be by verified petition to the Board and shall be supported by an explanation of why the desired construction October 3, 2007 20 is essential to avoid unnecessary financial hardship and or will not interfere with the realization of the goals set forth in the Collegetown Vision Statement, which goals include creating a diverse, commercially viable, dense, mixed-use community characterized by notable urban design, a predominantly student population, high quality architecture, vibrant public spaces, and pedestrian amenities, while protecting the character of the surrounding neighborhoods. The Board shall consider any recommendations from the Planning Board pertaining to such applications for relief. The Board shall hold a hearing on any such petition within sixty (60) days and decide such applications within fifteen (15) days after the closing of such hearing. Alderperson Townsend stated that he feels developers should be given the option to appeal the moratorium based on financial hardship. City Attorney Hoffman explained that he had discussed this issue with Alderperson Townsend and it has been his experience that this option would be a policy decision and Common Council would need to establish criteria for exemptions from the moratorium. He stated that New York State case law establishes that if the governing board makes substantial changes in the provisions of the moratorium after a public hearing has been held and notice given, that it would need to be re-advertised and another public hearing held. This would be a judgment call that Council would need to make as there is no definition of what a substantial change could be and the proposal would reduce the criteria to be met for an appeal from two to one. He explained that financial hardship usually has fairly stringent criteria to meet. He stated that his opinion would be that this proposal is substantial and the vote on the moratorium would have to wait a month so that another notice and public hearing could be set up. Alderperson Zumoff stated that he opposes the proposed moratorium because he is not confident that the urban design guidelines will be completed within one year. He further stated that planning for fifty years in the future does not make sense because we cannot know what needs there might be at that time that would be affected by this decision. Alderperson Korherr stated that economic difficulties do not apply to Ithaca right now and that very little will change by having the moratorium. If the moratorium were for an extended period of time it would be a problem but it’s only for one year and there will be few changes during that year. Alderperson Cogan stated that twelve months is a very short time considering how long it takes for a developer to have their plans come to fruition. For example the ground breaking for Cayuga Green took six years. He further stated that the moratorium would not permanently damage the developers. He explained that Common Council would have to vote to extend the twelve month time period. There is a commitment by Council and staff to proceed with the moratorium on schedule. He further explained that because the design guidelines will be coming, the City would have a better idea in six months on how to implement the Collegetown Vision Statement. He voiced his support for the moratorium. Alderperson Townsend stated that $5,000 was allotted for a consultant for the off-leash dog area and the consultant came back with findings that the City did not want. He stated that he could imagine the same thing happening with the consultant for the design guidelines. He requested that Council not rush into this decision and allow further conversations to take place with developers due to the unknown economic future and increased construction costs which have a domino effect on development. He further stated that he would not mind waiting another thirty days to make a decision on the moratorium. Alderperson Dotson stated that this change makes it possible for someone to apply for relief regardless of whether they meet criteria for design guidelines or not. Alderperson Coles stated that there have been many years of pedestrian and parking problems in Collegetown and that the residential neighborhoods are being threatened by development of the area. She further stated that if there is no vision for this area, then these problems cannot be addressed. She explained that Common Council needs to October 3, 2007 21 address these problems to meet the needs of area residents and that she does not feel that a twelve month period is a long time to have the design guidelines developed. Alderperson Tomlan explained that the previous two moratoriums had to have financial hardships as a basis for appeal. She stated that she spoke with staff from the Building Department and during the eighteen month moratorium in 1985, there were three appeals for exemption from the moratorium due to financial hardship; one was able to prove hardship and the other two were denied because they could provide no proof of financial hardship. She further explained that in 1985 there were no other qualifiers in addition to financial hardship but there was also no vision to measure against like the current Collegetown Vision Statement. She stated that having the vision statement be part of the application for relief is important. She further stated that it is important to provide a relief valve for developers with proposals and plans for property and it is important for Common Council to measure the rights of the property owners with the overall community. Alderperson Gelinas stated that he supports the moratorium as originally planned but also supports the proposed amendment. Alderperson Townsend asked how long it would take to get the urban design guidelines. Planning & Development Director VanCort stated that the design guidelines would be developed early, probably within six months along with the implementation of the proposed zoning requirements. Mayor Peterson stated that Common Council and the committee need to commit to the established twelve month schedule. Alderperson Tomlan explained that the vision statement is non-form specific. It will be the job of the urban designer to put form together with the vision statement. She further explained that a project in and of itself may meet the vision statement guidelines, but the design guidelines will show how the development will affect the other areas of Collegetown such as entrances and exits, etc. The urban design coordinates all those aspects and plans for the overall scheme; not individual projects. Call the Question By Alderperson Cogan: Seconded by Alderperson Dotson RESOLVED, That the Question be Called on the Amending Resolution proposed by Alderperson Townsend. Ayes (7) Coles, Dotson, Berry, Clairborne, Tomlan, Cogan, Korherr Nays (3) Zumoff, Gelinas, Townsend Abstentions (0) Carried (7-3) A Vote on the Amending Resolution resulted as follows: Ayes (4) Berry, Zumoff, Townsend, Gelinas Nays (6) Coles, Dotson, Clairborne, Tomlan, Cogan, Korherr Abstentions (0) Failed (4-6) Alderperson Townsend questioned why the Board of Zoning Appeals would hear appeals if Common Council created the moratorium. Alderperson Tomlan explained that the Board of Zoning Appeals deals with use variances on a regular basis and is used to looking at the various documents that would prove hardship. The Planning Board was clear that they wanted a role in the process as well and will provide recommendations to the Board of Zoning Appeals as they do now for any zoning variance, so it is appropriate for the Planning Board to hear appeals for the vision statement along with the Board of Zoning Appeals. She stated that Common Council does not deal with financial hardship questions and she would be afraid that lobbying might take place or the process becoming politicized. The Planning Board and Board of October 3, 2007 22 Zoning Appeals do not accept lobbying by individuals. She further stated that a professional has been hired to develop the plan and the Board of Zoning appeals is the appropriate body to hear appeals with recommendations from the Planning Board. Alderperson Dotson stated that she supports Alderperson Tomlan’s comments. She stated that there is an existing system in place to hear appeals and it is appropriate for the Planning Board to provide recommendations and a new system does not need to be set up for the appeal process. Alderperson Clairborne questioned what provisions were in place to prevent or make it difficult to extend the moratorium beyond twelve months. Mayor Peterson stated that there are very detailed timelines with goals and then twelve months from now this body would have to decide whether to extend the moratorium or not. A firm commitment by Council is needed to keep to the established timeline. She further stated that at this point the City is on track with its goals and the timeline. Planning and Development Director VanCort clarified that the City is actually four days behind in the timeline at this point. Alderperson Clairborne questioned whether a partner resolution should be put in place for twelve months from now that would make it difficult to extend the moratorium. City Attorney Hoffman stated that by its own language the ordinance expires in twelve months and Common Council would have to vote again in twelve months to extend it. He further stated that he would advise against establishing specific criteria for a vote to extend the moratorium and to bind another Council in that way. Call the Question By Alderperson Korherr: Seconded by Alderperson Coles RESOLVED, That the Question be called on the discussion on the proposed Ordinance regarding a temporary building moratorium. Ayes (6) Coles, Dotson, Clairborne, Tomlan, Cogan, Korherr Nays (4) Berry, Zumoff, Townsend, Gelinas Abstentions (0) Failed 6-4 (required a 2/3rds vote) Alderperson Zumoff stated that this proposal indicates approval of design guidelines in twelve months and at that time there will be a new Council. He feels that Council is not doing the right thing by passing this moratorium because the urban guidelines may be rejected. Motion to Table: By Alderperson Townsend: Seconded by Alderperson Zumoff RESOLVED, That Common Council support Alderperson Clairborne’s proposal to prepare a resolution to accompany the proposed moratorium that would make it difficult to extend the moratorium beyond the twelve month period and to consider this proposal at the November 7, 2007 Common Council meeting. Alderperson Coles stated that she was frustrated by the interminable discussion taking place on this proposal. She further stated that thirty days adds to the twelve months which some consider problematic in itself. She asked her fellow Council members to please consider this proposal very carefully. Alderperson Tomlan stated that she is not clear about the thirty-day time period as it pertains to the proposed change in the ordinance, which is substantial and would require re-notice and publication at a cost of approximately $700 for the legal notice. City Attorney Hoffman stated that he had given his opinion on imposing this requirement on a future Council. October 3, 2007 23 A vote on the Motion to Table the proposed ordinance resulted as follows: Ayes (2) Zumoff, Townsend Nays (8) Coles, Dotson, Berry, Clairborne, Tomlan, Gelinas, Cogan, Korherr Abstentions (0) Failed (2-8) Main Motion A Vote on the Main Motion resulted as follows: Ayes (7) Coles, Dotson, Clairborne, Tomlan, Gelinas, Cogan, Korherr Nays (3) Berry, Zumoff, Townsend Abstentions (0) Carried (7-3) INDIVIDUAL MEMBER FILED RESOLUTION: 15.1 Proposed Resolution Regarding Reduction in Public Access TV Studio Hours- Resolution By Alderperson Clairborne: Seconded by Alderperson Berry WHEREAS, Public Access television offers members of the community from all walks of life a way to lift their voices and present their viewpoints to wide audiences of cable television viewers; and WHEREAS, under the Franchise Agreement with the City of Ithaca dated January 2003, Time Warner Cable (TWC) provides a studio and a channel for Public Access TV programs for use by residents of the Franchise service area on a free, volunteer basis; and WHEREAS, TWC is responsible for providing studio staff, paid for by a withholding of 0.5% of the total Franchise Fees it pays to the City, Town of Ithaca and Village of Cayuga Heights (Participating Municipalities), which percentage has, until now, sufficed to pay for 25 hours per week and benefits of one staff person; while cable subscribers pay 15 cents per month for studio equipment; and WHEREAS, pursuant to Franchise section 15.4, the City and other participating municipalities direct the opening hours of the studio at TWC, subject to funding available; and the City has delegated to the Access Oversight Committee the setting of studio hours (Ord. No. 2003-17, sec. 18-4); and WHEREAS, TWC has generally set the studio’s opening hours to be slightly less than the staff person’s time, allowing for administrative and other related duties; and WHEREAS, the opening hours of the studio have been reduced from 30 hours through December 2005 to 20 hours beginning in January 2006; and WHEREAS, TWC has cut the opening hours for the Public Access Studio from 20 hours per week on 5 days down to 16 hours per week on 4 days beginning September 10, 2007, without consultation and having not yet furnished any data to show that current funding is insufficient for 25 or 20 hours; and WHEREAS, the Access Oversight Committee (resolution of June 19, 2007) is concerned that TWC's cuts in Access Studio hours will be harmful and detrimental to the quality and quantity of programming available on the Public Access channel; and WHEREAS, a reduction in the Public Access Studio hours may mean having to turn away producers who currently depend on studio time to make their programming for public access; and WHEREAS, turning producers away will mean fewer independent voices and independent programs that address local issues in an increasingly consolidated news and media market; and October 3, 2007 24 WHEREAS, the Access Oversight Committee believes that these cuts threaten the operation of the Franchise Agreement as they would keep present producers from creating programming; now therefore be it RESOLVED, That the Common Council of the City of Ithaca make a formal request of Time Warner Cable to maintain, at least, 20 hours of operation, and be it further RESOLVED, That Common Council and the Mayor of the City of Ithaca, in partnership with the Access Oversight Committee, work with Time Warner Cable to find a permanent solution to the funding and staffing of the Public Access Studio. Alderpersons Berry and Townsend left the meeting at 10:30 p.m. Alderperson Clairborne explained that the Communication and Emergency Services Committee had a public discussion with Time Warner Cable representatives and the City Attorney’s Office. There are a lot of issues to address with Time Warner Cable and this item will be on the agenda for discussion at the October meeting of the committee. A Vote on the Resolution resulted as follows: Carried Unanimously (8-0) (Alderpersons Berry & Townsend absent from vote) Alderperson Korherr left the meeting at 10:40 p.m. RECESS: On a motion the Common Council recessed the meeting at 10:50 p.m. in order to convene the Committee of the Whole Meeting for Budget Review. COMMITTEE OF THE WHOLE MEETING FOR BUDGET REVIEW PRESENT: Mayor Peterson Alderpersons (7) Coles, Clairborne, Tomlan, Zumoff, Gelinas, Cogan, Dotson OTHERS PRESENT: City Attorney – Hoffman City Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray Information Management Specialist - Myers ABSENT: Alderpersons Berry, Townsend, Korherr BUDGET REVIEW: 2.1 Motion to Convene as Committee of the Whole for Budget Review - Resolution By Alderperson Tomlan: Seconded by Alderperson Gelinas RESOLVED, That Committee of the Whole meeting for Budget Review be convened with Maria Coles as Chair. Carried Unanimously (7-0) Alderpersons Berry, Townsend, Korherr absent from vote 2.2 Review of Proposed 2008 Budget by Mayor and Controller: Mayor Peterson and City Controller Thayer presented the proposed 2008 budget to Common Council and explained the options given to department heads to use as they prepared their 2008 budgets for submission. They further highlighted the following items for Common Council’s information to help them as they review the budget during upcoming budget meetings: October 3, 2007 25 - 2008 proposed tax rate increase is 3.75% - Total tax levy increase proposed for 2008 is 4.64% - Taxable assessment value for 2008 is $1,193,016,926 (an increase of .86%) - 1% property tax will generate $162,250 in revenue - movement toward phasing items out of capital project line to general fund line - Several positions have been added in the budget that include a bridge crew, two additional fire fighters – the fire fighter positions won’t be filled until July 2008. - 2008 is a tight budget which has stabilized and does not include huge cost increases or increases in revenue. Building permit fees will be less as well. - Sales tax revenue projections are up 5% (new development has helped and projected revenue collection for sales tax is $11,400,000) - Assessments continue to rise slowly - State aid for 2008 increased by 7%, but far behind what the City should be collecting from the State - Slow improvement in infrastructure, roads are slowly being improved but will take time to balance the needs of the community, departments, and tax rate. - There is high property tax exemption (67%) mainly because of Cornell University. The City is exploring different avenues for improvement in this area for the long term. City Controller Thayer asked Common Council members to review the budget narrative as it includes a lot of numeric details. He explained how different factors have affected the budget since 1991, including deferred maintenance, borrowed funds, reduction in staff by attrition and stated that this budget is a step forward by restoring some positions lost in 1991. He further cautioned however that there are another ten years of recovery needed if everything stays the same before the City is in a good financial standing. He stated that 2008 would be a very challenging year. The City currently has a debt service of 13% and he would like to see it be less than 10%. The City has been relying heavily on sales tax revenues which are not guaranteed and are dependent upon the economy. In addition, City infrastructure needs are high. The water rate is up 3% and the sewer rate is up 10% for 2008 which reflects similar increases in 2006 and 2007. The Solid Waste fund will be increased .25 per tag for garbage collection. This fee has not been increased since 2003. He explained that Tompkins County increased tipping fees to $75.00 per ton which will cause a $20,000 shortfall for the City. These costs will be reviewed during the next month to see if further increases are needed to cover this item in the budget. He stated that information would continue to come in during October and suggestions for changes will be made to Common Council during the upcoming budget meetings. 2.3 Motion to Approve Mayor’s Proposed 2008 Budget By Alderperson Cogan: Seconded by Alderperson Clairborne RESOLVED, That Common Council approves the Mayor’s proposed 2008 budget for the purposes of commencing committee meeting discussions and be it further RESOLVED, That the Committee of the Whole Meeting be recessed until Thursday, October 4, 2007, at 4:00 p.m. Carried Unanimously (7-0) Alderpersons Berry, Townsend, Korherr absent from vote Alderperson Gelinas left the meeting at 11:10 p.m. RECONVENING OF REGULAR COMMON COUNCIL MEETING: The Regular Common Council meeting reconvened at 11:10 p.m. 12.3 Determination that Certain City Property on the 100 Block of South Aurora Street is Surplus and Should Be Conveyed to the Ithaca Urban Renewal Agency for Possible Sale and Development – Resolutions A. Determination of Environmental Significance - Resolution By Alderperson Tomlan: Seconded by Alderperson Dotson WHEREAS, the City of Ithaca is considering a proposal to declare a parcel of City- owned land on the 100 block of South Aurora Street (in the vicinity of the so-called October 3, 2007 26 Rothschild Building) as surplus property that can be conveyed to the Ithaca Urban Renewal Agency (“IURA”), subject to certain conditions, for possible sale to an eligible and qualified sponsor of an urban renewal project involving said land, and WHEREAS, appropriate environmental review has been conducted for said proposed action, including the preparation of a Short Environmental Assessment Form (“SEAF”), and WHEREAS, the Common Council, acting as lead agency, previously determined that the environmental review of any specific, proposed development involving said parcel will be conducted separately from and subsequent to the review referred to herein, 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 said parcel to a qualified and eligible sponsor, by the IURA, and WHEREAS, this proposed action 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 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 of said action 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 (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote B. Determination of Surplus Property and Authorization of Conveyance - Resolution By Alderperson Tomlan: Seconded by Alderperson Zumoff WHEREAS, the City of Ithaca is the owner of a small parcel of land (Tax Map Parcel #70-4-4.1) located between the sidewalk on the west side of the 100 block of South Aurora Street and the privately owned property immediately to the west (which privately owned property constitutes Tax Map Parcel #70-4-4.2), and WHEREAS, said privately owned property adjacent to the aforementioned City land includes (in addition to the so-called Rothschild Building) an area in its southeasterly corner now used solely for surface parking and loading docks, and WHEREAS, in a Downtown Design Plan prepared for the City in 1992, the privately owned property currently used for surface parking was identified as one of the under- utilized sites in the downtown core that is appropriate for multistory, in-fill development, and October 3, 2007 27 WHEREAS, in a resolution adopted on July 12, 2006, the City’s Board of Public Works determined that a narrow, L-shaped portion of the aforementioned City parcel, bordering the privately owned area used for parking, is not needed for public works purposes and could therefore be sold, provided that any such sale were made subject to certain conditions, and WHEREAS, on June 13, 2007, the Board of Public Works adopted another resolution concerning this City-owned land, extending slightly the area designated as surplus, and modifying the conditions recommended to be attached to any conveyance thereof, and WHEREAS, the conditions upon conveyance recommended by the Board, as of June 13, 2007, are as follows: (1) the relocation of any utility line(s) now existing upon or beneath such land and associated easement therefore, to another accessible location acceptable to the Superintendent of Public Works, or other formalized arrangement acceptable to the Superintendent and City Attorney which provides for a permanent, feasible means of maintaining and/or replacing such line(s) without additional cost to the City as a result of the conveyance or future development of the land; (2) the elimination, per the design of any project for the subject parcel, of the structural need for the retaining walls now existing along or in proximity to the easterly and northerly boundaries of such land (e.g., by restoring to grade level with the South Aurora Street sidewalk any areas lying between the existing City sidewalk/plaza area and the exterior walls of any building constructed on the site by the grantee), or, in the alternative, transfer to any grantee of all responsibility (including cost) for maintaining or replacing said retaining walls; (3) a written agreement binding the grantee to assume responsibility (at the grantee’s sole cost) for the demolition of the existing Tompkins County Area Transit (“TCAT”) bus shelter which occupies a portion of such land, and, if construction of a replacement shelter (outside the subject parcel) has not by that time been effected by others, to provide for covered seating for TCAT riders comparable to the available seating in the existing shelter in a form and a location acceptable to the City; and (4) the maintenance of public access to the stairway to the Green Street parking facility, from the South Aurora Street sidewalk/plaza area; and WHEREAS, the Board of Public Works recommends that any intended or actual conveyance of the land in question (to an intended developer) be: (1) subject to a provision for reversion of title to the City (or the Ithaca Urban Renewal Agency) if the land is not used in the manner approved by site plan review, within 10 years of conveyance by the City or the Agency; or (2) in the form of an option to purchase that can be exercised only upon the approval of a site plan consistent with the above conditions, and that expires if not exercised within 10 years; and WHEREAS, the Board of Public Works also recommends that in any case space be reserved by the City for an urban scale sidewalk at least 13 feet wide, from curb to building face, adjacent to (easterly of) the designated surplus parcel, and WHEREAS, the Board of Public Works also expressed its concern regarding the need to maintain appropriate and safe lines of sight for those traveling northbound on South Aurora Street, in the transition from smaller-scale residential buildings south of the Aurora Street bridge to the downtown core, and requested that this concern be addressed in any sales contract and/or site plan review process for development of the site in question, and October 3, 2007 28 WHEREAS, transfer of said City-owned land designated as surplus, to the Ithaca Urban Renewal Agency (“IURA”), would enable the IURA to solicit and designate (with the consent of Common Council) a qualified and eligible sponsor of an urban renewal project intended to utilize said surplus property in the development of an appropriate in- fill use of the site, and WHEREAS, appropriate environmental review of the proposed conveyance to the IURA has been conducted, including the preparation of a Short Environmental Assessment Form (“SEAF”), and WHEREAS, the Common Council, acting as lead agency, has determined that the proposed transfer of the surplus land in question to the IURA will not have a significant effect on the environment, and WHEREAS, upon transfer of the land to the IURA and the IURA’s selection of a qualified and eligible sponsor of an appropriate urban renewal project for the site, the IURA intends to act as lead agency for a full environmental review of any proposed development and proposed sale (to said sponsor) of the land in question; now, therefore, be it RESOLVED, That the Common Council does hereby determine that the aforementioned parcel (shown on the drawing – “PROPOSED ADDITIONAL PURCHASE” – as “AREA OF APPROVED EXTENTION AREA [sic] 1777 SQ. FT.” together with “AREA OF ADDITIONAL PROPOSED EXTENTION [sic] 273 SQ. FT.”) is surplus and therefore available for transfer to the Ithaca Urban Renewal Agency, subject to the conditions set forth below, for possible, later sale to a qualified and eligible sponsor of an appropriate urban renewal/in-fill project for the site, and be it further RESOLVED, That any conveyance of title to the surplus land in question, to the IURA or (subsequently) to such a qualified and eligible sponsor, shall be conditioned upon the following: (1) agreement by the grantee to relocate (at grantee’s sole cost) any utility line(s) now existing upon or beneath such land, or permitted by easement upon or beneath the adjacent portion of Tax Map Parcel #70-4-4.2 currently used as a parking lot, to another accessible and practical location acceptable to the Superintendent of Public Works, or to enter into another formalized arrangement acceptable to the Superintendent and City Attorney which provides for a permanent, feasible means of maintaining and/or replacing such line(s) without additional cost to the City (resulting from such relocation or from future development of the land); (2) the elimination (at grantee’s sole cost), per the design of any project that will affect the subject parcel, of the structural need for the retaining walls now existing along or in proximity to the easterly and northerly boundaries of such land (e.g., by restoring to grade level with the South Aurora Street sidewalk any areas lying between the existing City sidewalk/plaza area and the exterior walls of any building constructed on the site by the grantee), or, in the alternative, transfer to any grantee of all responsibility (including cost) for maintaining or replacing said retaining walls; (3) a written agreement binding the grantee to assume responsibility (at grantee’s sole cost) for the demolition of the existing Tompkins County Area Transit (“TCAT”) bus shelter which occupies a portion of the designated surplus land, and, if construction of a replacement shelter (outside the subject parcel) has not by that time been effected by others, to provide (at grantee’s sole cost) for covered seating for TCAT riders comparable or superior to the available seating in the existing shelter, in a form and a location acceptable to the City, and which replacement shelter shall be operational prior to the demolition of the existing shelter; and October 3, 2007 29 (4) the maintenance of public access to the stairway to the Green Street parking facility, from the South Aurora Street sidewalk/plaza area; and be it further RESOLVED, That any intended or actual conveyance of the land in question, by the IURA, be either: (1) in the form of an option to purchase that can be exercised (by the qualified and eligible sponsor) only upon the approval of a site plan consistent with the above conditions, and which option shall expire if not exercised within 10 years; or (2) subject to a provision for reversion of title to the IURA if the land is not used in the manner approved by site plan review, within 10 years of conveyance by the IURA; and be it further RESOLVED, That the Common Council hereby recognizes and agrees with the concerns raised by the Board of Public Works regarding the need to maintain appropriate and safe lines of sight for those traveling northbound on South Aurora Street, in the transition from smaller-scale residential buildings south of the Aurora Street bridge to the downtown core, and intends that such concerns be addressed during the site plan and/or design review process for development of the site, and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized and requested to execute a deed conveying said surplus property to the IURA, subject to all of the conditions set forth above, together with any further documents as are necessary to implement this resolution. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Zumoff RESOLVED, That the 2nd Resolved clause be amended to add a fifth condition that would read as follows: (5) an agreement by the sponsor, given the highly visible and pivotal location of the development site at the eastern entrance to the Commons, that prior to the issuance of any final site plan approval for the property, any proposed building will undergo design review in addition to the design review stipulated by Chapter 325 of the City Code in order to address key concerns regarding views and vistas, architectural context and exterior materials, pursuant to a process (for such additional design review) agreed to by the sponsor and the Mayor, and be it further Alderperson Tomlan explained that she would like to see this additional condition included in the resolution because this site is visible from so many directions. An additional design review process to address key concerns for this site needs to be included. A Vote on the Amending Resolution resulted as follows: Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote October 3, 2007 30 12.4 Declaration of Lead Agency for the Environmental Review of the Proposed Conveyance of Property in the Southwest Area to the Ithaca Urban Renewal Agency – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, the City of Ithaca Common Council wishes to develop and/or use approximately 60 acres of City-owned property (Tax Parcels #119.-1-2 and #100.-3-1) in the Southwest Area in a manner that is responsive to both the public interest and the private development market, and WHEREAS, in 1998, the Southwest Area Land Use Committee issued a report, Southwest Area Land Use Plan, based on a 1994 plan of the same name, with a 1998 addendum, and WHEREAS, on May 6, 1998, the Common Council, acting as Lead Agency, determined that adoption of the Southwest Area Land Use Plan may have a significant environmental impact and that a Generic Environmental Impact Statement was required, and WHEREAS, on August 24, 2000, the Common Council adopted a Statement of Findings for the Southwest Area Land Use Plan after considering the Draft Generic Environmental Impact Statement (“DGEIS”) and the Final Generic Environmental Impact Statement (“FGEIS”), including comments made by City committees and boards, interested agencies and the public, and WHEREAS, on January 3, 2001, the Common Council adopted the 1994 Southwest Area Land Use Plan, including the 1998 Addendum as part of the City of Ithaca’s Comprehensive Plan, and WHEREAS, the City-owned property formerly known as Southwest Park was officially alienated in 2001, thus removing its parkland status and making it available for sale, lease and/or development, and WHEREAS, on November 3, 2004, the Common Council passed a resolution approving a predevelopment process for said City-owned land, which included the creation of a client committee to assist in the development of a vision statement for the area and in the preparation of a Request for Qualifications for a developer, and WHEREAS, the Southwest Client Committee developed a vision statement that calls for the creation of a diverse, primarily residential, mixed-use development of urban scale and density, the design and implementation of which would facilitate non-motorized and mass transportation, integrate sustainable building practices and environmental systems, and provide for permanently affordable housing as well as the preservation of approximately 20 acres of the site as open space, green space or woods, and WHEREAS, on March 1, 2006, the Common Council adopted the “Southwest Vision Statement”, dated January 4, 2006, as a guide for the development of a new neighborhood in the Southwest Area, and directed the Department of Planning and Development, in conjunction with the City Attorney’s Office, to prepare the documents necessary to transfer the Southwest Area property from the City to the Ithaca Urban Renewal Agency (“IURA”), subject to Common Council approval of the same, and WHEREAS, transfer of the land in question to the IURA will permit the agency to select (subject to the concurrence of Common Council) the most appropriate qualified and eligible sponsor for an urban renewal project intended to implement the Vision Statement, and WHEREAS, the Common Council therefore intends to transfer title of the land in question to the IURA, for possible sale of all or a portion of said land, by that agency, to such an qualified and eligible sponsor, 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 certain proposed actions, in accordance with local and state environmental law, and October 3, 2007 31 WHEREAS, the lead agency shall be that agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed conveyance of City-owned 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 proposed transfer of title to the aforementioned City-owned parcels to the Ithaca Urban Renewal Agency, for possible conveyance of part or all of said land, by that agency, to an eligible and qualified sponsor of an appropriate urban renewal project which would involve that site, and be it further RESOLVED, That the environmental review of any specific, proposed development involving the subject land, by a qualified and eligible sponsor selected by the IURA, shall be conducted separately from and subsequent to this review, once the details of any such proposed development are known but 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, it being the intention of the lead agency that such segmented review be no less protective of the environment. Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote 12.5 Establishment of a Capital Project in the amount of $100,000.00 for Preliminary Site Investigations associated with the proposed Southwest Area Urban Neighborhood – Resolution By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, the City of Ithaca Common Council wishes to develop and/or use approximately 60 acres of land in the Southwest Area, currently owned by the City (Tax Map Parcels #119.-1-2 and #100.-3-1), in a manner that is responsive to both the public interest and the private development market, and WHEREAS, in 1998, the Southwest Area Land Use Committee issued a report, Southwest Area Land Use Plan, based on a 1994 plan of the same name, with a 1998 addendum, and WHEREAS, on May 6, 1998, the Common Council, acting as Lead Agency, determined that adoption of the Southwest Area Land Use Plan may have a significant environmental impact and that a Generic Environmental Impact Statement was required, and WHEREAS, on August 24, 2000, the Common Council adopted a Statement of Findings for the Southwest Area Land Use Plan after considering the Draft Generic Environmental Impact Statement (“DGEIS”) and the Final Generic Environmental Impact Statement (“FGEIS”), including comments made by City committees and boards, interested agencies and the public, and WHEREAS, on January 3, 2001, the Common Council adopted the 1994 Southwest Area Land Use Plan, including the 1998 Addendum, as part of the City of Ithaca’s Comprehensive Plan, and WHEREAS, the City-owned property formerly known as Southwest Park was officially alienated in 2001, thus removing its parkland status and making it available for sale, lease and/or development, and WHEREAS, since then, the City has taken necessary steps to relocate or replace the public works functions that the former Southwest Park has served, which steps include the City’s purchase of land in the Town of Ithaca intended to be made available, when needed, for such functions, and WHEREAS, on November 3, 2004, the Common Council passed a resolution approving a predevelopment process for said City-owned land, which included the creation of a October 3, 2007 32 client committee to assist in the development of a vision statement for the area and in the preparation of a Request for Qualifications for a developer, and WHEREAS, the Southwest Client Committee was subsequently created, and it developed a vision statement that calls for the creation of a diverse, primarily residential, mixed-use development of urban scale and density, the design and implementation of which would facilitate non-motorized and mass transportation, integrate sustainable building practices and environmental systems, and provide for permanently affordable housing as well as the preservation of approximately 20 acres of the site as open space, green space or woods, and WHEREAS, on March 1, 2006, the Common Council (a) adopted the “Southwest Vision Statement,” dated January 4, 2006, as a guide for the development of a new neighborhood in the Southwest Area; (b) directed the Department of Planning and Development, in consultation with the Southwest Committee, to develop and issue a Request for Qualifications (“RFQ”) for a Preferred Developer; (c) authorized the Mayor to appoint a selection committee to review the responses to the RFQ and to make a recommendation to the Ithaca Urban Renewal Agency (“IURA”) and to the Common Council regarding the selection of a Preferred Developer for the Southwest Area, said Preferred Developer to be a qualified and eligible sponsor authorized to acquire or lease property from the IURA pursuant to Section 507 of Article 15 of General Municipal Law; and (d) directed the Department of Planning and Development, in conjunction with the City Attorney’s Office, to prepare the documents necessary to transfer the Southwest Area property from the City to the IURA, subject to Common Council approval of the same, and WHEREAS, on December 6, 2006, the Common Council approved the Southwest Area Urban Neighborhood Request for Qualifications, December, 2006, and the selection process set forth therein, subject to minor editorial modifications, and WHEREAS, the RFQ was subsequently released and advertised in accordance with General Municipal Law, and the City received four responses, and WHEREAS, over a six-month period from early December 2006 to mid-June 2007, the Southwest Selection Committee, appointed by the mayor and charged with developing a recommendation for a preferred master developer, reviewed and evaluated all responses to the RFQ, met four times independently, participated in a site visit, and conducted four initial interviews and one follow-up interview, and WHEREAS, in July 2007, the Southwest Selection Committee presented its recommendation to Common Council and the IURA that (a) McCormack Baron Salazar be designated as the Preferred Master Planner and Developer for the Southwest Area Urban Neighborhood, and (b) the City undertake the necessary preliminary site investigations prior to initiation of the planning process, and WHEREAS, the following preliminary site investigations are required, prior to making the land in question available for sale and development in accord with the aforementioned Vision Statement: 1. Boundary and Topographic Mapping, 2. Subsurface Reconnaissance Explorations for Proposed Housing Development, and 3. Environmental Site Assessment, and WHEREAS, the estimated cost of such investigations (including a Phase 1 environmental assessment, but not including any further environmental assessment, and not including the cost of securing and managing these services) is $50,000.00; now, therefore, be it RESOLVED, That the Common Council confirms that the City-owned land in question (i.e., Tax Map Parcels #119.-1-2 and #100.-3-1) is surplus in that it will not be required for future public works operations, and be it further October 3, 2007 33 RESOLVED, That the Common Council reiterates its intention to transfer title to the land in question to the IURA, at the earliest practical time (subject to environmental review and the approval of the actual terms of such transfer, by the Common Council), for the possible, subsequent conveyance of part or all of such land (by the IURA, upon the concurrence of the Common Council) to an eligible and qualified sponsor of an urban renewal project consistent with the Vision Statement, and be it further RESOLVED, That the Common Council indicates its concurrence with the Selection Committee’s recommendation that McCormack Baron Salazar is the most qualified respondent to the RFQ, and be it further RESOLVED, That Capital Project #722 be established in the amount of $100,000.00, to cover the cost of the aforementioned preliminary site investigations and the management thereof, together with other costs associated with the Southwest Area Urban Neighborhood project, which costs have, until this time, been derived from the Department of Planning and Development budget, and be it further RESOLVED, That the Director of Planning and Development is hereby authorized to retain a contractor that will provide and/or secure, and manage, the following preliminary site investigations for the development of a new neighborhood at the site of the former Southwest Park, for a total cost not to exceed $100,000.00: 1. Boundary and Topographic Mapping, 2. Subsurface Reconnaissance Explorations, and 3. Phase I Environmental Site Assessment (ESA), and, if necessary, a Phase II ESA. and, be it further RESOLVED, That said project funds shall be derived from a General Fund advance with later replacement from the issuance of bonds. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Dotson RESOLVED, That the first Resolved Clause be amended to read as follows: “RESOLVED, That the Common Council confirms that the City-owned land in question (i.e., Tax Map Parcels #119.-1-2 and #100.-3-1) is surplus in that steps have been taken to relocate or replace the public works functions that said land has served, and be it further” RESOLVED, That an additional Resolved clause be added after the last Resolved clause that would read as follows: “RESOLVED, That said project funds shall be derived from a General Fund advance with later replacement from the issuance of bonds.” Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote Main Motion As Amended: A Vote on the Main Motion as amended resulted as follows: Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote 12.6 Acceptance of the Donation of “The Pony” – Resolution By Alderperson Tomlan: Seconded by Alderperson Clairborne WHEREAS, the Ithaca Downtown Partnership has raised funds to purchase a piece of sculpture from artist Doug Makemson and donate it to the City, and WHEREAS, the identified piece of art is entitled “The Pony,” and WHEREAS, this sculpture is installed and identified with a permanent plaque at the west end of the Commons, and October 3, 2007 34 WHEREAS, the acquisition and installation of outdoor public art represents an important downtown goal for the Ithaca Downtown Partnership and the City of Ithaca, and WHEREAS, outdoor public art enlivens public spaces, enhances the pedestrian experience, and serves to beautify and uplift the downtown district, and WHEREAS, the City of Ithaca Public Art Commission has formally recommended acceptance of this donation of sculpture for display in downtown; now, therefore, be it RESOLVED, That the Common Council, on behalf of the City of Ithaca, does hereby accept the donation of “The Pony,” and be it further RESOLVED, That this donation be formalized with a document between the City and the Ithaca Downtown Partnership that summarizes the rights and obligations of the City, the donor, and the artist pertaining to the acceptance of donated art. This document will follow the language and terms utilized in prior sculpture donations approved by Common Council. Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote Motion to Extend Meeting: By Alderperson Cogan: Seconded by Alderperson Clairborne RESOLVED, That the meeting be extended to 11:48 p.m. to finish the remaining items on the agenda. Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote MAYOR’S APPOINTMENTS: 16.1 Ithaca Housing Authority Board: By Alderperson Cogan: Seconded by Alderperson Clairborne RESOLVED, That Donald Byrd be appointed to the Ithaca Housing Authority Board to replace Rita Head with a term to expire October 17, 2012, and be it further Disability Advisory Council: RESOLVED, That Erin M. Sember be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2010, and be it further RESOLVED, That Otis Jackson be appointed to the Disability Advisory Council to fill a vacancy with a term to expire June 30, 2010. Carried Unanimously (6-0) Alderpersons Berry, Townsend, Korherr, Gelinas absent from vote REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City has been sued by Martha VanEtten, who tripped and fell by the small pavilion at Stewart Park. Ms. VanEtten was injured and is seeking compensation. The City’s insurance agent will take care of this as it routinely does with personal injury claims against the City. MINUTES FROM PREVIOUS MEETINGS: There were no minutes to approve at this meeting. ADJOURNMENT: On a motion the meeting adjourned at 11:50 p.m. ______________________________ _______________________________ Sarah L. Myers, Carolyn K. Peterson, Information Management Specialist Mayor