Loading...
HomeMy WebLinkAboutMN-CC-2009-04-16COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:30 p.m. April 16, 2009 PRESENT: Mayor Peterson Alderpersons (9) Coles, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman Planning & Development Director – Cornish Deputy Director of Economic Development - DeSarno Community Development Director – Bohn Superintendent of Public Works – Gray EXCUSED: Alderperson Dotson PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: 2.1 Downtown Commons Upper Story Housing Project – Authorization of Restore NY Communities Initiative Round #3 Funding Application – Resolution By Alderperson Rosario: Seconded by Alderperson Clairborne WHEREAS, on February 9, 2009, Empire State Development Corporation ESDC announced the availability of $150 million in funding for Round No. 3 of the Restore NY Communities Initiative (Restore NY) program to reimburse up to 90 percent of the costs of municipally-sponsored private/public projects to demolish, deconstruct, rehabilitate and reconstruct vacant, abandoned, condemned and surplus residential and commercial properties, and WHEREAS, the goals of the Restore NY program are to (1) revitalize urban centers, (2) induce commercial investment, and (3) improve the municipal housing stock, and WHEREAS, cities with populations under 40,000 are eligible to submit one project not to exceed a request for $2.5 million in Round No. 3 Restore NY funding, and WHEREAS, a “project” may include redevelopment of a group of inter-related buildings that will collectively advance downtown revitalization, and WHEREAS, a building is considered “vacant” if at least 51percent of the building is unoccupied, and WHEREAS, each Restore NY award must be matched by at least a 10 percent local match contribution, which match will be provided by the City’s private-sector partners, and WHEREAS, Round No. 3 Restore NY funding applications are due to be received by ESDC by May 4, 2009, and WHEREAS, applications must include a municipal resolution in support of the application, proof that a public hearing was held on proposed application, and a site control affidavit for projects located on non-municipally owned property, and WHEREAS, the City Downtown Commons Upper Story Project seeks to redevelop vacant portions of up to four downtown buildings located at 126-128 E. State Street, 130-132 E. State St., 135 E. State St. and 137-139 E. State Street, and WHEREAS, each building assisted will provide ground-level commercial use and include upper-story housing, and April 16, 2009 2 WHEREAS, final project cost budgets and bank financing commitments for each building project are still under development so the final division of grant funds to each individual building is not practical at this time, and WHEREAS, the Common Council-endorsed Downtown Ithaca Development Strategy: 2000-2010 strongly supports upper story housing on the Commons as a critically important component to strengthen the downtown and address housing needs; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby endorses submission of an application for the Downtown Commons Upper Story Housing project for up to $2.5 million in grant funding from Round No. 3 of the Restore NY program, and be it further RESOLVED, That the City of Ithaca Common Council hereby finds the proposed project is consistent with the existing local and regional plans; that the proposed financing is appropriate for the specific project; that the project facilitates effective and efficient use of the existing and future public resources so as to promote both economic development and preservation of community resources; and where applicable, the project develops and enhances infrastructure and/or facilities in a manner that will attract, create, and sustain employment opportunities, and be it further RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized to take all actions necessary to submit a Restore NY application in accordance with this resolution, including, but not limited to, certification of the application, and be it further RESOLVED, should funding requested by private-sector partners exceed $2.5 million, then final allocation of Restore NY grant funds shall be decided by the Mayor in conjunction with the Chair of the City Administration Committee and the City Controller to maximize public benefit, scoring criteria and to address project feasibility, and RESOLVED, That, if awarded, the Mayor, upon advice from the City Attorney, is hereby authorized to execute a funding agreement with ESDC and any other documents necessary to receive the Restore NY grant, and be it further RESOLVED, That if the City accepts a Restore NY award, the IURA is hereby authorized to administer and implement the Restore NY grant award on behalf of the City and shall be reimbursed for any reasonable costs incurred in complying with Restore NY requirements. Community Development Director Bohn explained that the Restore NY grant application is due May 4, 2009 and requires a Common Council Resolution. He noted that this is a competitive grant program that will provide a 90 percent reimbursement of expenses. The remaining 10 percent can be derived from private developers, so there would be no “out of pocket” expenses to the City. Director Bohn further explained that he believes they have developed a strong upper-story re-development project that would improve three properties and include four buildings: Petrune, The Dollar Store, Benchwarmer’s Restaurant, and the Night & Day building. He noted that all of these buildings are either vacant or the construction plans are such that no businesses will be displaced. The proposed project would result in 35 new housing units and 2 new storefronts: one retail store, and one restaurant. Discussion followed on the floor with Alderperson Zumoff questioning whether any of these re-development projects would be undertaken without the grant funding. Director Bohn noted that although the upper-story re-development projects have been discussed for years, each project has a large financial gap to fill so without some type of alternate funding or subsidy, it is unlikely that these projects would be completed. Alderperson Zumoff further questioned when construction would begin if the project were funded, and what the construction feasibility would be given the space limitations on the Commons. Director Bohn responded that if funded, these projects would most likely not be undertaken until the Spring, 2010. He further explained that it is never easy to construct in an urban environment but the architects that have been selected for this project have experience with these types of projects and are familiar with Ithaca. April 16, 2009 3 Alderperson Clairborne questioned if any of the proposed new housing units would be affordable. Director Bohn explained that the new housing units will be middle-income, market-rate apartments similar to Cayuga Place and Center Ithaca due to the construction cost and tight budget constraints. Alderperson Clairborne reaffirmed his commitment to making a percentage of new housing units affordable to address the needs of the community. Alderperson Coles noted that she supports Alderperson Clairborne’s questions regarding affordable housing and stated that as this grant is funded through public monies, and given the difficult economic climate, it would be very appropriate for affordable housing units to be developed. Alderperson Schuler questioned whether any thought had been given to revitalizing the historic designs of previous buildings on the Commons such as the former J.J. Newberry’s building. Director Bohn explained that all of the building designs and plans have to be reviewed by the State Historic Preservation Office due to the Commons being listed on the National Register of Historic Places. Alderperson Korherr questioned whether these were the only four buildings that met the grant criteria, or the only requests received. Director Bohn explained that the project selection was made primarily due to the timing of the grant application. The Downtown Ithaca Alliance assisted in the selection process. He further noted that the properties had to meet a 51% vacancy test, and some properties could not meet that requirement. Alderperson Zumoff questioned whether this grant application would be an “all or nothing” package. Director Bohn stated that the City would be submitting the application as one project. The State may alter the grant award amount which would result in modification to the project plans. Further discussion followed on the floor regarding the viability of apartments being located over, or in close proximity to, bars and restaurants. Alderperson Tomlan stated that she is delighted to see this application and appreciated the measures being proposed to respect the historic character of the buildings while blending them with modern activities and facilities. Alderperson Rosario stated that he is excited and pleased to see the application and appreciates the risks that the private developers are willing to take to invest in downtown. He further voiced his appreciation for the hiring of local businesses to develop this project. Mayor Peterson noted that the City has been talking about upper story development for the past three decades and stated that the City would work to make this application as strong as possible. A vote on the Resolution resulted as follows: Carried Unanimously 2.2 Adoption of Climate Smart Community Pledge – Resolution By Alderperson Korherr: Seconded by Alderperson Coles WHEREAS, the City of Ithaca (hereinafter "local government") believes that climate change poses a real and increasing threat to our local and global environments that is primarily due to the burning of fossil fuels; and April 16, 2009 4 WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovative economies, healthy and safe schools, and resilient infrastructures; and WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come, it is hereby RESOLVED, That the City of Ithaca, in order to reduce greenhouse gas emissions and adapt to a changing climate will 1. Pledge to Combat Climate Change by Becoming a Climate Smart Community Set goals to reduce GHG emissions and adapt to predicted climatic changes. Establish a task force of local officials and community members to review the issues and propose a plan of action. Designate a point person who will oversee climate change initiatives and publicly report on progress. Work cooperatively with similar task forces in neighboring communities to ensure that efforts compliment and reinforce one another. As an official signal of commitment and for access to technical resources, sign on to a widespread climate campaign such as ICLEI Local Governments for Sustainability - Climate Protection campaign. 2. Set Goals, Inventory Emissions, Move to Action Gather data, inventory GHG gas emissions, and establish baselines for local government operations and community sectors. Develop quantifiable interim GHG emission targets consistent with emission reduction goals and propose a schedule and financing strategy to meet them. Encourage stakeholder and public input and develop an action plan. Report emissions to The Climate Registry (TCR), which has developed a standardized method for reporting emissions inventories; use ICLEI and TCR's tools to track and evaluate progress. 3. Decrease Energy Demand for Local Government Operations Adopt a goal of reducing electricity use by 15 percent from projected levels no later than 2015. A. Existing Public Facilities. Inventory current building electricity usage and identify opportunities for conservation and efficiency retrofits. Obtain energy assessments from the New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority, the Long Island Power Authority or other professionals. Consider actions such as purchasing energy efficient equipment and appliances, such as ENERGY STAR®; improving lighting, heating, and cooling efficiency; setting thermostats for maximum energy conservation; decreasing plug load from office equipment; and increasing pump efficiency in water and wastewater systems. B. New Public Buildings. Achieve at least minimum U.S. Green Building Council Leadership in Energy and Environmental Design standards (LEED Silver) for all new local government buildings. C. Infrastructure. Incorporate energy efficient technologies and operations and maintenance practices into municipal street lighting, traffic signals, and water and wastewater treatment facilities. D. Vehicle Fleet and Commuting. Improve the average fuel efficiency of local government fleet vehicles. Discourage vehicle idling and encourage bicycling, car- pooling and public transit for employees. Consider reducing the number of vehicles; April 16, 2009 5 converting fleet vehicles to sustainable alternative fuels; and using electric vehicles where possible. 4. Encourage Renewable Energy for Local Government Operations Supply as much of the local government's power, heat and hot water needs as possible from solar, wind, and small hydro through purchase or direct generation. 5. Realize Benefits of Recycling and Other Climate Smart Solid Waste Management Practices Expand the "reduce, reuse and recycle" approach to waste management in local government operations and in the whole community. Reduce the amount of solid waste generated -- promote backyard composting, implement volume-based pricing and educate residents on how to prevent waste. Promote reuse by organizing community- wide yard sales, and providing a space for drop-off or trade of reusable goods. Provide recycling receptacles in local government buildings and outdoor spaces, require duplex printing in government offices, compost food scraps and green waste, and adopt a comprehensive green purchasing program. 6. Promote Climate Protection through Community Land Use Planning Combat climate change by encouraging low-emissions development that is resilient to climatic changes. When updating land use policies, building codes or community plans, include provisions to combat climate change; reduce sprawl; preserve and protect open space, biodiversity, and water supplies; promote compact, transit-oriented, bikeable and walkable communities; promote infill development; minimize new development in floodplains; maintain or establish healthy community forests; and promote best forest management practices and encourage tree planting, especially along waterways, to increase shading and to absorb carbon dioxide. 7. Plan for Adaptation to Unavoidable Climate Change Evaluate risks from unavoidable climate change, set adaptation goals and plan for adaptation. Identify climate change impacts (such as flooding, drought, and extreme temperatures) that could affect the community. Identify areas such as water supply and sewer infrastructure that may be at risk due to sea-level rise and future changes in climate. Factor risks into long-term investments and decision-making. Execute climate change adaptation and preparedness measures through local government planning, development and operations, giving priority to the highest risk areas. 8. Support a Green Innovation Economy Identify opportunities to incorporate climate protection, sustainability and environmental goods and service industries into economic development plans. Encourage workforce development training and school curricula that support the emerging green collar job sector, including renewable energy and energy efficiency, as well as climate smart solid waste management practices. Procure climate smart goods and services for local government operations and support modernizing of local and national electricity grids. 9. Inform and Inspire the Public Lead by example. Highlight local government commitment to reducing energy use, saving tax dollars, and adapting to changing conditions. Demonstrate the benefits of energy savings, energy efficiency, and renewable energy projects by hosting open houses; distributing fliers; holding local meetings; working with school districts, colleges, and universities to develop climate change curricula and programs; engaging faith- based communities in climate protection; and regularly communicating community climate protection goals and progress to constituents. 10. Commit to an Evolving Process Acknowledge that research and policy on climate protection are constantly improving and evolving. Be willing to consider new ideas and commit to update plans and policies as needed. Compare successes, cooperate and collaborate with neighboring communities to redirect less-effective actions and amplify positive results. Alderperson Zumoff stated that he could support the Resolution if the words “primarily due to” in the first Whereas clause were removed as he does not believe that it has been conclusively proven that the burning of fossil fuels is the primary cause of climate April 16, 2009 6 change. Discussion followed on the floor with Council members and the Mayor voicing their opposition to changing the language in the first Whereas clause. Alderperson Schuler stated that she felt the vehicle idling language in Section 3 (D) should be strengthened. Alderperson Clairborne noted that the language in Section 3(B) is inconsistent as there is a difference between minimum LEED standards and LEED Silver. He suggested that the reference to LEED Silver be removed from the Resolution. Alderperson Rosario stated that he would support that clarification. Alderperson Myrick left the meeting at 8:25 p.m. Alderperson Clairborne noted that there is still a lot of work to be done on this initiative and questioned who would be completing the work and monitoring the progress. Mayor Peterson responded that the Local Action Plan Committee and City staff is working on various components of the pledge: Building Commissioner Radke is working on the re-use of building materials Don Parker, DPW is working on green fleet and bio-diesel issues Kent Johnson, Engineering is working on transportation issues Roxy Johnston, Water & Sewer is working on water issues Sean Vormwald, Mayor’s Office is working approximately 15 hours per week on various issues. Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Korherr RESOLVED, That an additional Resolved clause be added to the Resolution that reads as follows: “and, be it further RESOLVED, That the City of Ithaca will implement these measures as cost effectively as possible.” Carried Unanimously (8-0) Alderperson Myrick absent from vote Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Korherr RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca, in order to reduce GHG emissions and adapt to a changing climate will strive to implement the following measures:” Carried Unanimously (8-0) Alderperson Myrick absent from vote Alderperson Tomlan noted that she did not have an opportunity to read all of the material and although she is sure that she would support most of it, she doesn’t feel comfortable voting on the legislation. As the Rules of Procedure don’t allow her to recuse herself from the vote, she will need to vote against the Resolution. Alderperson Rosario noted that he would be more comfortable voting on general principles instead of specific actions. A vote on the Resolution resulted as follows: Ayes (6) Coles, Clairborne, Rosario, Schuler, Korherr, Cogan Nays (2) Zumoff, Tomlan Alderperson Myrick absent from vote Carried (6-2) 2.3 Discussion of Water Plant Issues Director of Planning & Development Cornish and Superintendent of Public Works Gray joined Common Council in discussion. City Attorney Hoffman distributed a possible timeline for Water Plant meetings and decisions. April 16, 2009 7 City Attorney Hoffman explained that the Board of Public Works as Lead Agency will develop findings for two possible proposed actions but does not have decision making authority. Common Council will need to develop their own findings and make a decision as to which water option they will choose. The findings must support the decision that has been made, and must include a written rationale for the decision taking into consideration factors such as environmental, economic, and social issues. Alderperson Cogan questioned whether a decision could be made before the development of a findings statement so that parallel statements don’t have to be written. City Attorney Hoffman stated that Common Council should wait until the Final Environmental Impact Statement (FEIS) is complete before indicating a direction for the consultant to pursue on the Findings Statement. Alderperson Korherr left the meeting at 9:00 p.m. Alderperson Coles advocated for an abbreviated meeting schedule as budget sessions will begin in October, elections are in November, and after the first of the year there could be a new Council. Alderperson Cogan acknowledged that both water options are viable and expressed concern that the Findings Statement could discredit one option over the other. He suggested that Council develop language that would identify the determining factor of the decision without making derogatory statements about the other option. Further discussion followed on ways to abbreviate the meeting schedule and schedule topics that balanced the discussions. Mayor Peterson asked the City Clerk’s Office to work to find a Special meeting date as soon as possible. ADJOURNMENT: On a motion the meeting adjourned at 9:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor