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HomeMy WebLinkAboutMN-CC-2009-08-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 5, 2009 PRESENT: Mayor Peterson Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman Deputy City Controller – Andrew Director of Planning & Development - Cornish Deputy Director of Economic Development - DeSarno Superintendent of Public Works – Gray Fire Chief – Wilbur Deputy Fire Chief – Dorman Deputy Fire Chief – Parsons City Chamberlain - Parsons PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Quarterly Employee Recognition Award Mayor Peterson presented the Quarterly Employee Recognition Award to Carl Saunders for his work at the Southside Community Center. Mr. Saunder’s nomination noted that the transformation of the Southside Community Center and the surrounding areas is stunning. In addition, these changes have encouraged other property owners in the neighborhood to take pride in their properties and make many improvements. SPECIAL PRESENTATIONS BEFORE COUNCIL: Town of Ithaca Rich DePaolo, Town of Ithaca Board Member, reported on the following issues: - The Town Board is working on the 2010 budget. - The Comprehensive Plan Resident Survey was distributed. - Results from the Trails Committee’s resident survey show that residents are very satisfied with amenities of local trails. - The Town has hired an intern to draft sketch plans of the extension of the Gateway Trail (near Emerson). - The Town Board is studying whether there should be an establishment of critical natural areas in regards to natural gas drilling. Board of Fire Commissioners Tom Hoard, Board of Fire Commissioners, reported on the following issues: The new Chair of the Board of Fire Commissioners is Bill Gilligan, a Town of Ithaca Representative. Mr. Gilligan has been a member of the Board since 2005, and an active member of the Fire Department since 1989. He is the manager of the Department of Mathematics at Cornell University, and previously the Public Health Administrator for the Tompkins County Health Department. Fire Chief Brian Wilbur is retiring after more than 20 years with the Department, most of which were as Chief. Brian has been a great asset to the Department and to the City, and is a model of grace under fire. Deputy Chief Tom Dorman will step in as Acting Chief until the vacancy has been filled. Two Board members, Bob Romanowski and Paul Alexander, have resigned from the Board. This means that every member has to attend meetings to meet the quorum requirements. They are urging the appointment of new members as quickly as possible. August 5, 2009 2 Current issues before the Board are: The 2010 Department budget The distribution of 2% Foreign Fire Insurance funds Traffic calming/road blockages on South and Wood Streets Review and update of the City Charter as it relates to the role and responsibilities of the Board of Fire Commissioners. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council regarding the Jungle: Gossa Tsegaye, City of Ithaca Joe Lotito, City of Ithaca Frank Payne, City of Ithaca John Bleakley, City of Ithaca Steve Shiffrin, Village of Cayuga Heights Clare Grady, City of Ithaca Neil Golder, City of Ithaca Gavin Mahoney, City of Ithaca Mayor Peterson read a letter received from Howard McCullough, President of the Board of Loaves & Fishes regarding the Jungle. The following people addressed Common Council regarding the Collegetown Plan: Ellen McCollister, City of Ithaca Joanne Trutko, City of Ithaca Betsy Darlington, City of Ithaca Frances Weissman, City of Ithaca Ed Weissman, City of Ithaca Susan Blumenthal, City of Ithaca Donna Fleming, City of Ithaca Josh Lower, City of Ithaca Theresa Lyczko, City of Ithaca The following people addressed Common Council on other topics: Walter Hang, City of Ithaca: Gun Hill Project John Graves, City of Ithaca: Toxic Vapors in South Hill neighborhood Fay Gougakis, City of Ithaca: Green Street bicycle lanes PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Coles noted that she had failed to follow-up on the concern regarding the bicycle lane on Green Street. She stated that she visited the Jungle, as did the Mayor and other city staff. She urged the Mayor to create a commission to study the issues surrounding the Jungle. She also responded to comments made about toxic vapors in the South Hill neighborhood and the Gun Hill clean-up efforts. Alderperson Korherr thanked the speakers for their comments and noted that it is good that the City is taking a pro-active approach for the Jungle which she referred to as the City’s “silent neighborhood”. Alderperson Korherr further announced that she would be resigning from Common Council as she has been forced to seek employment outside of Tompkins County because of the complaint she filed with the New York State Division of Human Rights. She introduced Deb Mohlenhoff, who has been endorsed by the 5th Ward Democratic Committee and noted that she has agreed to fill in during the interim. She further stated that she would be working with the Chair of the Democratic Committee, the Mayor, and the City Attorney in order to have a smooth transition in the filling of her seat on Common Council. Alderperson Korherr did not indicate the date that her resignation would become effective. Alderperson Myrick stated that he was sorry to hear about Alderperson Korherr’s resignation from Common Council. He further responded to comments made about the proposed Collegetown Plan. Alderperson Dotson also noted that she was sorry to hear about Alderperson Korherr’s resignation from Common Council. She further responded to comments made about contamination on South Hill. She stated that she also appreciates the comments that August 5, 2009 3 were made by residents of the Jungle at tonight’s meeting and is glad to hear about the Mayor’s approach to this issue. Alderperson Dotson further responded to comments made about the bicycle lane on Green Street. Alderperson Tomlan noted that she was struck by the range of topics that people spoke about and noted that she appreciates comments made regarding living next to people who are different from themselves. Alderperson Rosario announced that there would be a community meeting and discussion on the possible removal of the traffic signals at the intersections of Titus and Albany Streets on Thursday, August 13, 2009, at 7:30 p.m. in the Community Room at the Henry St. John building. Alderperson Clairborne responded to comments made about the Collegetown Plan and noted that he has not identified much common ground on the topic. He further reported on the National Night Out event which was hosted by Ithaca Housing Authority and held at Titus Towers and Conway Park. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 GIAC - Request for Amendment to Personnel Roster - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, a Commercial Drivers License Training Program was created in 2006 through a grant from the Ithaca Urban Renewal Agency, and WHEREAS, the position of CDL Program Coordinator was created to administer this program, and WHEREAS, the grant funding for the CDL Training Program has been fully used and the CDL Program Coordinator’s position has expired and will not be renewed, now, therefore, be it RESOLVED, That the position of CDL Program Coordinator assigned to the GIAC Personnel Roster be and hereby is abolished effective August 17, 2009. Carried (9-0) (Alderperson Korherr absent from vote) 8.2 Building Department - Request to Transfer Funds from Restricted Contingency for Software Programs - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, the Building Department was allocated $8,000 in restricted contingencies in the 2009 City Budget to help upgrade the Building Department’s Housing Inspection Software program, and WHEREAS, the Building Department hired Data Momentum several months ago to modify existing processes in their Housing Inspection software to enhance the program’s usefulness, to create an inspection tracking system and work order process, and to install a link to Tompkins County website for a total cost of $8,930, and WHEREAS, the Building Department has $930 left over from the monies allocated for the software program under a 2007 Capital Project which can be used for the remaining costs of the work recently undertaken by Data Momentum; now, therefore, be it RESOLVED, That Common Council hereby authorizes the transfer of an amount not to exceed $8,000 from Account A1990 Restricted Contingency to Account A3620-5225 Other Equipment for said software upgrade work in the Building Department. Carried (9-0) (Alderperson Korherr absent from vote) 8.3 Ithaca Police Department - Receipt of Byrne/Jag Grant Funding - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, in May of 2009, the Ithaca Police Department and the Tompkins County Sheriff’s Office, jointly filed for a Byrne/Jag grant through the US Department of Justice to receive allocated federal stimulus funds in the amount of $37,538, and August 5, 2009 4 WHEREAS, on July 10, 2009 the award was approved with funding allocation as follows: $24,039 for the Ithaca Police Department, and $13,499 for the Tompkins County Sheriff’s Office, and WHEREAS, both police agencies will utilize the funding to purchase needed equipment; the Ithaca Police Department will utilize the funding to purchase one new marked police vehicle, and the Tompkins County Sheriff’s will utilize the funding to implement a patrol rifle program; now therefore be it RESOLVED, That Common Council hereby accepts the funds from the US Department of Justice for the purchase of one new marked police vehicle, and be it further RESOLVED, That Common Council hereby amends the 2009 Authorized Police Department budget to account for said grant as follows: Increase Revenue Account: A3120-4389 Federal Aid $37,538 Increase Appropriation Account: A3120-5215-05001 Vehicles $24,039 A3120-5435 Contractual Services 13,499 $37,538 Carried (9-0) (Alderperson Korherr absent from vote) 8.4 Ithaca Youth Bureau - Request to Amend 2009 Youth Bureau Personnel Roster - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, the Ithaca Youth Bureau has proposed to amend their personnel roster by deleting one position of Specialist in Recreation for Individuals with Disabilities and creating a Recreation Program Leader position for the Recreation Support Services Department. WHEREAS, the Youth Bureau has worked closely with the Human Resources Department to develop this proposal and the Civil Service Commission approved the New Position Duties Statement on July 15, 2009, WHEREAS, this new position duty statement reflects the tasks and duties that are currently being done in the Recreation Support Services Department, WHEREAS, this proposal is budget neutral; now, therefore, be it RESOLVED, That Common Council hereby amends the 2009 Youth Bureau budget and roster as follows: Add: One (1) Recreation Program Leader for Recreation Support Services Department Delete: One (1) Specialist in Recreation for Individuals with Disabilities Carried (9-0) (Alderperson Korherr absent from vote) LEGISLATIVE COMMITTEE: Authorization of New Offer to Towns of Ithaca and Dryden, Regarding Joint Sewer Plant Site Ownership, and Related Changes to the Lease and Sublease for the “Steamboat Landing” Site - Resolution By Alderperson Clairborne: Seconded by Alderperson Korherr WHEREAS, in 1981, the City of Ithaca, the Town of Ithaca and the Town of Dryden entered into an agreement (the “Joint Sewer Agreement”) to construct, finance, and operate a joint sewage treatment plant (the Ithaca Area Waste Water Treatment Plant, or IAWWTP) on land then owned by the City of Ithaca; and WHEREAS, as part of that agreement, the parties agreed that the City would contribute land for the plant and would receive a credit for its appraised value toward the City’s proportionate share of the cost of the new plant; and August 5, 2009 5 WHEREAS, the parties further agreed that title to the plant and its site would be conveyed by the City to the three municipalities as tenants in common (a form of joint ownership); and WHEREAS, for reasons not now known, that conveyance apparently did not occur and all known evidence shows that the City remains the sole title owner of the sewer-plant site; and WHEREAS, this fact came to light last year when the City Attorney was researching property issues related to a possible new lease for the Ithaca Farmers Market, which has been a tenant of City-owned land adjacent to the sewage treatment plant site (commonly known as “Steamboat Landing”) since 1988; and WHEREAS, upon this discovery, the Mayor notified the Towns and indicated the City’s willingness to proceed with the conveyance into joint ownership of the land actually occupied by the IAWWTP – i.e., the land enclosed by the fence around the plant site, together with the land between the northerly portion of the fence and Cascadilla Creek and an easement for the plant’s outfall pipeline as it crosses adjacent City-owned land (the Steamboat Landing site); and WHEREAS, while the Town of Dryden indicated its agreement with the City’s suggestion, the Town of Ithaca took the position that the land originally intended to be conveyed into joint ownership, and for which the City received credit, included part or all of the Steamboat Landing site; and WHEREAS, the 1981 agreement (and amended versions from 1984 and 2003) does not contain a description of the land to be conveyed or a map that unequivocally defines it, however, some of the language in contemporaneous, related documents appears to be self-contradictory, rendering it difficult to know with certainty what was intended 27 years ago; and WHEREAS, it is prudent to make provision for the possibility that in the future more land may be needed for sewage treatment operations than is currently available within the current, fenced-in site; and WHEREAS, the Common Council wishes to achieve a reasonable, negotiated settlement of this issue that will address the concerns of all parties and foster continued cooperation and good working relations among the municipalities; now therefore be it RESOLVED, That Council hereby authorize the Mayor, upon the advice of the City Attorney, to submit a new, formal offer of conveyance to the Towns of Ithaca and Dryden, superseding any previous offers and including the following elements, substantively as set forth below: 1. Upon acceptance of the offer by the Towns, all land within the fence surrounding the Ithaca Area Wastewater Treatment Plant (IAWWTP), plus land between the fence and Cascadilla Creek (all of which will be shown on an updated version of the T.G. Miller Survey Map of the premises, and consisting of the parcels identified on said map as “Parcel A-1” and “Parcel A-2”), and all the improvements thereon, would be conveyed jointly to the three IAWWTP partners, as tenants in common, in the following initial ownership proportions (based on “approximate plant ownership” as set forth in Appendix II to the Joint Sewer Agreement, as amended December 31, 2003), with the percentage of ownership in any future year to be based upon the parties’ respective shares, at that time, of permitted and excess plant capacity (as defined by Section 18 of the Joint Sewer Agreement and by the parties’ actual purchase and sale of capacity among themselves, pursuant to the Agreement): a. City of Ithaca = 57.14% b. Town of Ithaca = 40.88% c. Town of Dryden = 1.98% 2. The conveyed land would be subject to a permanent easement — 20 feet in width and running across the entire northerly portion — for the City’s proposed Cayuga Waterfront Trail, the approximate location of which is to be shown on a survey map of the premises, and a temporary easement (composed of an additional five feet on the August 5, 2009 6 north side of the permanent easement and an additional 20 feet on the south side of the permanent easement), as needed, for construction of the Trail, relocation of the treatment plant fence, and restoration of landscaping. 3. In addition to the above conveyance of fee title, the City would grant to the IAWWTP partners easements across adjacent City-owned land to the west, as follows: a. A permanent easement — 30 feet in width — centered on the existing outfall pipeline for the plant (as shown on the above-referenced survey map) for the purpose of allowing for maintenance, repair, or replacement in the same, approximate location of said pipeline, and not precluding above-ground construction above said pipeline by the City (or its lessee or sublessee), provided such construction is timely removed by City (or its lessee or sublessee) at the City’s sole cost upon reasonable, written notice of need to access said pipeline and without obligation on the part of the partners to restore such structure; and b. A permanent easement — 50 feet in width — along and parallel to a portion of the westerly boundary of the land to be conveyed, between the more southerly angle in such boundary and the southerly edge of the Trail easement described above (all to be shown on the above-referenced survey map), for the purpose of accommodating future expansion of the plant if required to increase capacity or to upgrade treatment, subject to the conditions listed below. 4. The parties may use the 50-foot-wide easement only for required expansion of the IAWWTP and only upon a formal decision to do so by the oversight group for the IAWWTP (currently known as the “Special Joint Committee” and described in the Joint Sewer Agreement). The right to use the easement cannot be exercised before January 1, 2019, and then only upon at least three years’ written notice to the Mayor of the City of Ithaca. Prior to any such exercise of that right, the City (or its lessee or sublessee) may use this easement area for traffic circulation, parking, landscaping or gardening, or such similar uses not involving permanent construction of buildings. 5. In the event that the easement for plant expansion is exercised as described above, then in that case the City shall convey the land within the easement required for such expansion to the three-party partnership, without further monetary consideration. 6. The easements for the outfall pipeline and possible plant expansion shall expire and be of no further effect in the event that use of the sewer-plant site for sewage treatment is discontinued or ceases on a continuing basis (without an approved plan to reopen or rebuild it as a joint sewage treatment plant). 7. All administrative and recording costs reasonably associated with this conveyance would be shared by the IAWWTP partners, in the same proportions as set forth above. and be it further RESOLVED, That in the event that this offer is accepted in writing by the Town of Ithaca and the Town of Dryden, substantively in the form set forth above, then in that case the Mayor is authorized, upon the advice of the City Attorney, to execute a deed of conveyance of the above described premises, together with the aforementioned easements intended to serve or burden it, as the case may be, jointly to the three municipalities, as tenants in common, in the respective ownership proportions set forth above (and to execute and/or file any other, related documents required to implement this transaction); and be further RESOLVED, That the Mayor is further authorized, upon the advice of the City Attorney, to make a modification to the terms of a lease (not yet executed) for the Steamboat Landing site, between the City and the Ithaca Urban Renewal Agency (IURA), as previously approved by Common Council on November 5, 2008, so as to reflect the additional specifics of the outfall pipe easement referred to herein, and the existence of the easement for possible, future plant expansion with the terms described herein; and be it further RESOLVED, That Common Council’s prior approval, on February 4, 2009, of the terms of a proposed sublease of the Steamboat Landing site, between the IURA and the August 5, 2009 7 Ithaca Farmers Market, Inc. (also not yet executed), is hereby modified so as to reflect the specifics of the outfall pipe easement referred to herein, and the existence of the easement for possible, future plant expansion with the terms described herein, and to clarify term numbered 5.f (4) in said Council resolution (and the survey map for the premises to be conveyed) so as to make the so-called “at-risk” area referred to therein equivalent to and coincident with the areas of the outfall pipe and future expansion easements described herein (together with the Cayuga Waterfront Trail “easement” across the Steamboat Landing site, as identified in the previously-approved sublease terms). Alderperson Clairborne explained the provisions of the proposed lease. City Attorney Hoffman explained that this lease also includes a release of any other claims of property rights the Towns of Ithaca or Dryden may have in this area. A vote on the Resolution resulted as follows: Carried Unanimously Alderperson Dotson disclosed that she is the Director of Ithaca Car Share who uses donated office space in Collegetown in a property owned by Josh Lower. She stated that she does not feel that a conflict of interest exists in the consideration of the next two items. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Adoption of the 2009 Collegetown Urban Plan & Conceptual Design Guidelines as Recommended by the Planning and Development Board to Common Council on May 12, 2009, as an Amendment to the City’s Comprehensive Plan – Determination of Environmental Significance By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, the City of Ithaca is considering a proposal to adopt the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” including amendments made by the Planning & Economic Development Committee on June 17, 2009, as an amendment to the comprehensive plan, and WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council at its February 4, 2009 meeting declared itself “lead agency for the coordinated environmental review of the proposed adoption of the ‘Collegetown Urban Plan & Design Guidelines,’ in whole or in part, as an amendment to the City’s comprehensive plan,” and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), and WHEREAS, review by the Tompkins County Planning Department has been conducted pursuant to §239-l–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 been distributed for review by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS this two-part document is composed of the Collegetown Urban Plan & Design Guidelines prepared by the consultant firm of Goody Clancy, Architecture, Planning & Preservation dated November 24, 2008, being identified as Part Two, and a preface recommended by the Planning & Development Board, being identified as Part One, that supersedes and replaces the Goody Clancy draft in any and all places where the two documents differ, and WHEREAS the plan proposes conceptual design guidelines that are intended to serve as a basis for a form-based zoning code and also a basis for detailed design standards that could be codified for use in a design review process, both of which are considered to be key implementation tools that are not being adopted or enacted in this action, and August 5, 2009 8 WHEREAS, the Part One recommended by the Planning and Development Board at the May 12, 2009 meeting includes the Collegetown Transportation Plan, which replaces Chapter 4 of the November 24, 2008 Goody Clancy draft and which proposes overall goals for a transportation system and suggests possible steps such as new and revised parking regulations, streetscape improvements and other new policies and programs considered to be key implementation tools that are not being adopted or enacted at this time, and WHEREAS, it has been determined that the codification of the conceptual design guidelines, implementation of the Collegetown Transportation Plan and the adoption of a form-based code can and should be considered separate actions from the action that is the basis of this determination for the purposes of environmental review, as the details of these actions are not fully known at this time and remain under consideration, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the FEAF 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 Full Environmental Assessment Form dated June 11, 2009, and revised at the Planning & Economic Development Committee on June 17, 2009, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the adoption of the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” including amendments made by the Planning & Economic Development Committee on June 17, 2009, as an amendment to the City’s comprehensive plan will not have a significant effect on the environment, and that further environmental review of the proposed action (not including adoption of codified design standards, implementation of specific measures included in the Collegetown Transportation Plan, or adoption of form-based code, as discussed above) 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. Alderperson Dotson stated that this item was pulled from the July Common Council agenda in favor of continued committee discussion. She noted the changes that were made by the committee. Alderperson Zumoff questioned the Plan that indicates there will be no environmental impact from this action. He stated that he would not be voting for it as too many questions remain. Alderperson Dotson stated that Common Council needs to discuss the next resolution if changes are going to be made, as it would impact this resolution. City Attorney Hoffman explained General Municipal Law §239-M regarding when actions need to be referred to the Tompkins County Planning Department. Alderperson Schuler read a statement she wrote, dated June 29, 2009, that encourages Common Council to accept and not adopt the plan because she has concerns regarding the transportation plan. Alderperson Tomlan questioned whether the plan does indeed have an environmental impact because if adopted as part of the comprehensive plan, zoning would have to conform to it. City Attorney Hoffman noted that this is a plan or guideline and zoning does not always conform. It would become important if the zoning is going to change, and that would require its own Environmental Assessment Form. August 5, 2009 9 Alderperson Korherr asked what the estimated date of completion would be for the updated comprehensive plan. Mayor Peterson responded that Requests for Proposals are still being considered and it would probably be a two year process. Alderperson Korherr stated that she does not agree that this should be part of the comprehensive plan at this time, without neighborhood support. Alderperson Cogan stated that he is not in favor of amending the Comprehensive Plan with this plan. He stated that the City should acknowledge the receipt of the Plan and implement the parts of the Plan that it likes, and conduct further studies on the other parts. Alderperson Myrick urged adoption of the Plan as he feels it deserves the fullest support that Common Council can give it. He stated that many contingencies have been built into the plan that would require further studies. He does not believe that an “endorsement” of the Plan is strong enough to spur implementation. Alderperson Coles stated that she feels that the Plan should be accepted, and not adopted. She noted that the City may not be able to address the number of cars in Collegetown on its own. Alderperson Zumoff noted that he feels the changes made by the Planning Board completely changed the tenor of the plan. Alderperson Tomlan noted that she disagrees that the increase in density was a key concept of the Collegetown Plan. She stated that her position is that the Plan should be accepted as a guide because there are many good things in it that should move forward. Alderperson Rosario stated that this process has resulted in many positive, innovative, and pioneering outcomes and that he would support the endorsement of the Plan. Alderperson Clairborne stated that he would like to look for a compromise and does not agree with amending the Comprehensive Plan. Alderperson Dotson stated that the plan is worthy of adoption. She explained that amending the Comprehensive Plan would be the final amendment of the old plan and the first amendment of the new plan. Mayor Peterson stated that the intent of the Plan is to protect the quality of life of the owner-occupied neighborhoods in Collegetown, as well as improve the management of parking, and transportation with the goal of reducing the number of cars in Collegetown. She stated that the transportation plan is not funded in the City budget as Common Council has not taken any action. Motion to Refer Resolution to a Committee of the Whole Meeting: By Alderperson Cogan: RESOLVED, That this Resolution be referred to a Committee of the Whole meeting for further discussion. Motion failed for lack of a second. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Korherr RESOLVED, That the resolution be amended to read as follows: “11.1 Adoption Endorsement of the 2009 Collegetown Urban Plan & Conceptual Design Guidelines as Recommended by the Planning and Development Board to Common Council on May 12, 2009, as an Amendment to the City’s Comprehensive Plan – Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to adopt endorse the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” including amendments made by the Planning & Economic Development Committee on June 17, 2009, as an amendment to the comprehensive plan, and August 5, 2009 10 WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council at its February 4, 2009 meeting declared itself “lead agency for the coordinated environmental review of the proposed adoption of the ‘Collegetown Urban Plan & Design Guidelines,’ in whole or in part, as an amendment to the City’s comprehensive plan,” and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), and WHEREAS, review by the Tompkins County Planning Department has been conducted pursuant to §239-l–m of the New York State General Municipal Law, which requires that all certain actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has been distributed for review by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS this two-part document is composed of the Collegetown Urban Plan & Design Guidelines prepared by the consultant firm of Goody Clancy, Architecture, Planning & Preservation dated November 24, 2008, being identified as Part Two, and a preface recommended by the Planning & Development Board, dated May 12, 2009, and as amended on June 17, 2009, by the Planning and Economic Development Committee, being identified as Part One, that supersedes and replaces the Goody Clancy draft in any and all places where the two documents differ, and WHEREAS the plan proposes conceptual design guidelines that are intended to serve as a basis for a form-based zoning code and also a basis for detailed design standards that could be codified for use in a design review process, both of which are considered to be key implementation tools that are not being adopted or enacted in this action, and WHEREAS, the Part One recommended by the Planning and Development Board at the May 12, 2009 meeting includes the Collegetown Transportation Plan, which replaces Chapter 4 of the November 24, 2008 Goody Clancy draft and which proposes overall goals for a transportation system and suggests possible steps such as new and revised parking regulations, streetscape improvements and other new policies and programs considered to be key implementation tools that are not being adopted or enacted at this time, and WHEREAS, it has been determined that the codification of the conceptual design guidelines, implementation of the Collegetown Transportation Plan and the adoption of a form-based code can and should be considered separate actions from the action that is the basis of this determination for the purposes of environmental review, as the details of these actions are not fully known at this time and remain under consideration, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the FEAF 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 Full Environmental Assessment Form dated June 11, 2009, and revised at the Planning & Economic Development Committee on June 17, 2009, and as hereby further revised, by modifying the proposed action so as to constitute endorsement of the above- described Plan and Guidelines, rather than adoption of the Plan and Guidelines as an amendment to the City comprehensive plan, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the adoption endorsement of the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” including amendments made by the Planning & Economic Development Committee on June 17, 2009, as an amendment to the City’s comprehensive plan will not have a significant effect on the environment, and that further environmental review of the proposed action (not including adoption of codified design standards, implementation of specific measures included in the Collegetown August 5, 2009 11 Transportation Plan, or adoption of form-based code, as discussed above) 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 Alderperson Coles asked what the costs would be for the implementation of this plan. Alderperson Myrick responded that there would be no obligation to spend any money by adopting the plan. A Vote on the Amending Resolution Resulted as Follows: Ayes (6) Tomlan, Korherr, Cogan, Dotson, Clairborne, Rosario Nays (4) Coles, Zumoff, Myrick, Schuler Abstentions (0) Carried Main Motion As Amended: A Vote on the Main Motion Resulted As follows: Ayes (6) Tomlan, Korherr, Cogan, Dotson, Clairborne, Rosario Nays (4) Coles, Zumoff, Myrick, Schuler Abstentions (0) Carried Common Council had no objections to removing the following original resolution from the agenda: 11.2 Adoption of the 2009 Collegetown Urban Plan & Conceptual Design Guidelines as Recommended by the Planning and Development Board on May 12, 2009, as an Amendment to the City’s Comprehensive Plan - Resolution WHEREAS, the City desires to take a comprehensive look at the Collegetown environment, including but not limited to urban design, new development, public and private infrastructure, impacts of high-density student housing, the pedestrian experience, vehicular access, parking, transit, the business climate, the quality of life in surrounding residential neighborhoods, and the interface with downtown and with the campus, and WHEREAS, on December 7, 2005, the Common Council authorized the establishment of a Collegetown Client Committee charged with formulating a vision for Collegetown that would reflect the interests and concerns of that community and the city as a whole, and with recommending steps for its implementation, and WHEREAS, in its resolution endorsing the Collegetown Vision Statement, the Common Council on June 6, 2007, established a committee to prepare an implementation strategy and charged it with the prioritization of the recommendations of the vision statement and the development of a process for their implementation, including the preparation of a schedule, estimation of a budget, identification of funding sources, and definition of project boundaries for a two-step approach to an urban plan for Collegetown, and WHEREAS, the membership of that committee, since identified as the Collegetown Vision Implementation Committee (“CVIC”), included representation from the City of Ithaca Common Council, the Planning & Development Board, Cornell University administration, neighborhood residents, students, members of the business community, and interested members of the Collegetown Vision Task Force, and WHEREAS, by resolution passed at its regular meeting on September 5, 2007, the Common Council extended the charge to the CVIC to include participation in drafting and issuing a Request for Qualifications (“RFQ”) from firms interested in preparing an urban plan and design guidelines for the Collegetown neighborhood, review of the August 5, 2009 12 submissions by consultant firms, and recommendation of a consultant to be selected by the Mayor, and WHEREAS, the RFQ for firms interested in preparing an urban plan and design guidelines was issued, and after review of submissions and interviews with four of the consultant teams, the committee recommended Goody Clancy Associates of Boston, MA, the firm later selected by the Mayor, and WHEREAS, at its regular meeting on December 5, 2007, the Common Council again extended the charge to the Collegetown Vision Implementation Committee to include guidance and review of the work of the consultants with reference to the timeline of the temporary moratorium and so that the resultant urban plan, design guidelines and proposed legislation would be consistent with the vision for Collegetown as endorsed by the Common Council on June 6, 2007, and WHEREAS, the planning process facilitated by Goody Clancy involved an extensive public participation component that included numerous focus groups, neighborhood meetings, project newsletters, and a weekend-long charette that provided opportunities for public input during the development of the urban plan, and WHEREAS, in accordance with §28-a of New York State General City Law and §4-23 of the City of Ithaca Municipal Code, the power’s and duties of the Planning and Development Board include “Reviewing periodically, preparing and adopting amendments to the comprehensive Plan for subsequent adoption by Common Council,” and WHEREAS, Goody Clancy distributed the first draft of the Collegetown Urban Plan & Design Guidelines in May 2008, and the Planning & Development Board held a special meeting on June 10, 2008 to provide Goody Clancy with comments and revisions to be incorporated into future drafts of the plan, and WHEREAS, Goody Clancy provided several subsequent drafts with revisions based on comments from members of the CVIC, the Planning & Development Board, the Common Council, the public and City staff, and the most recent draft provided by Goody Clancy is dated November 24, 2008, and WHEREAS, the Planning & Development Board held a special meeting on February 3, 2009 to discuss the November 24, 2008 plan in light of its written comments dated June 10, 2008, and WHEREAS, based on discussion at the February 3, 2009 meeting, the Planning & Development Board agreed to prepare a preface to the November 24, 2008 plan and held a special meeting on March 10, 2009 to consider this preface, and WHEREAS, the Planning & Development Board and the Planning & Economic Development Committee of Common Council held a special joint meeting on April 7, 2009 to discuss the November 24, 2008 Goody Clancy plan and possible modifications described in the preface, re-titled “Part One of the 2009 Collegetown Urban Plan & Conceptual Design Guidelines”, and WHEREAS, the November 24, 2008 Goody Clancy plan and the Planning & Development Board’s proposed modifications are now considered together as the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” and WHEREAS, at a special meeting on May 12, 2009 the Planning & Development Board recommended the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” (including Parts One and Two) for adoption by the Common Council, and WHEREAS, the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” and supplemental information have been reviewed by the Tompkins County Planning Department Pursuant to §239-l-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 distributed for review by the City of Ithaca Conservation Advisory Council, and August 5, 2009 13 WHEREAS, public hearings for the proposed adoption of the plan were held by the Planning & Development Board on December 16, 2008 and April 28, 2009, by the Planning & Economic Development Committee on February 18, 2009, April 15, 2009, May 20, 2009, and June 17, 2009 and by the Common Council on April 1, 2009, and WHEREAS, the Common Council has reviewed the proposed “2009 Collegetown Urban Plan & Conceptual Design Guidelines” as recommended by the Planning & Development Board (including Parts One and Two) and has considered comments made by the Tompkins County Planning Department; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the 2009 Collegetown Urban Plan & Conceptual Design Guidelines, including amendments made by the Planning & Economic Development Committee on June 17, 2009, as part of the City of Ithaca’s comprehensive plan, with the understanding that the Part One contained therein (as recommended by the Planning & Development Board) supersedes and replaces the Goody Clancy recommendations contained therein, in any and all instances where the two documents disagree. Motion to Accept Substitute Resolution: By Alderperson Tomlan: Seconded by Alderperson Cogan RESOLVED, That the following substitute resolution be accepted for consideration by Common Council: Ayes (8) Dotson, Clairborne, Rosario, Zumoff, Tomlan, Schuler, Korherr, Cogan Nays (1) Myrick Abstentions (1) Coles Carried 11.2 Endorsement of the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” – Resolution By Alderperson Tomlan: Seconded by Alderperson Cogan WHEREAS, on December 7, 2005, the Common Council authorized the establishment of a Collegetown Client Committee charged with formulating a vision for Collegetown that would reflect the interests and concerns of that community and the city as a whole, and with recommending steps for its implementation, and WHEREAS, the Collegetown Vision Task Force was duly appointed in April 2006 and, after meetings from May 2006 to March 2007, produced the Collegetown Vision Statement, and WHEREAS, in its resolution endorsing the Collegetown Vision Statement, the Common Council on June 6, 2007, established a committee to prepare an implementation strategy and charged it with the prioritization of the recommendations of the vision statement and the development of a process for their implementation, including the preparation of a schedule, estimation of a budget, identification of funding sources, and definition of project boundaries for a two-step approach to an urban plan for Collegetown, and WHEREAS, the membership of that committee, since identified as the Collegetown Vision Implementation Committee (“CIVIC”), included representation from the City of Ithaca Common Council, the Planning & Development Board, Cornell University administration, neighborhood residents, students, members of the business community, and interested members of the Collegetown Vision Task Force, and WHEREAS, by resolutions passed at its regular meeting on September 5, 2007, the Common Council established a capital project for the development of an urban plan and design guidelines for Collegetown, with a Cornell University commitment to match the City’s funds, and extended the charge to the CVIC to include participation in drafting and issuing a Request for Qualifications (“RFQ”) from firms interested in preparing an urban plan and design guidelines for the Collegetown neighborhood, review of the submissions by consultant firms, and recommendation of a consultant to be selected by the Mayor, and August 5, 2009 14 WHEREAS, the RFQ for firms interested in preparing an urban plan and design guidelines was issued, and after review of submissions and interviews with four of the consultant teams, the committee recommended Goody Clancy Associates of Boston, MA, the firm later selected by the Mayor, and WHEREAS, at its regular meeting on December 5, 2007, the Common Council again extended the charge to the Collegetown Vision Implementation Committee to include guidance and review of the work of the consultants with reference to the timeline of the temporary moratorium and so that the resultant urban plan, design guidelines and proposed legislation would be consistent with the vision for Collegetown as endorsed by the Common Council on June 6, 2007, and WHEREAS, the planning process facilitated by Goody Clancy involved an extensive public participation component that included numerous focus groups, neighborhood meetings, project newsletters, and a weekend-long charrette that provided opportunities for public input during the development of the urban plan, and WHEREAS, Goody Clancy distributed the first draft of the Collegetown Urban Plan & Design Guidelines in May 2008, and the Planning & Development Board held a special meeting on June 10, 2008 to provide Goody Clancy with comments and revisions to be incorporated into future drafts of the plan, and WHEREAS, Goody Clancy provided several subsequent drafts with revisions based on comments from members of the CVIC, the Planning & Development Board, the Common Council, the public, and City staff, and the most recent draft provided by Goody Clancy is dated November 24, 2008, and WHEREAS, the Planning & Development Board held a special meeting on February 3, 2009 to discuss the November 24, 2008 plan in light of its written comments dated June 10, 2008, and WHEREAS, based on discussion at the February 3, 2009 meeting, the Planning & Development Board agreed to prepare a preface to the November 24, 2008 plan and held a special meeting on March 10, 2009 to consider this preface, and WHEREAS, the Planning & Development Board and the Planning & Economic Development Committee of Common Council held a special joint meeting on April 7, 2009 to discuss the November 24, 2008 Goody Clancy plan and possible modifications described in the preface, re-titled “Part One of the 2009 Collegetown Urban Plan & Conceptual Design Guidelines”, and WHEREAS, the November 24, 2008 Goody Clancy plan and the Planning & Development Board’s proposed modifications are now considered together as the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” and WHEREAS, at a special meeting on May 12, 2009 the Planning & Development Board recommended the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” (composed of Parts One and Two) for adoption by the Common Council, and WHEREAS, the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” and supplemental information has been distributed for review by the City of Ithaca Conservation Advisory Council, and WHEREAS, public hearings for the proposed adoption of the plan were held by the Planning & Development Board on December 16, 2008 and April 28, 2009, by the Planning & Economic Development Committee on February 18, 2009, April 15, 2009, May 20, 2009, and June 17, 2009 and by the Common Council on April 1, 2009, and WHEREAS, amendments to the plan were made at the June 17, 2009 meeting of the Planning & Economic Development Committee, and WHEREAS the plan now under consideration offers numerous recommendations, both general and specific, that address many of the goals of the Collegetown Vision Statement, and August 5, 2009 15 WHEREAS, these recommendations have derived from several years of observation and discussion involving students, long-term residents, business and property owners, community members, and planning professionals, and WHEREAS, the results of implementation of many of these recommendations, including but not limited to the adoption of design guidelines, the improvement of pedestrian access, and the enhancement of the areas adjacent to the Cascadilla Gorge, may be readily and accurately anticipated and concurred in as beneficial to Collegetown and surrounding neighborhoods, and WHEREAS, the implementation of other recommendations, including but not limited to an increase in residential density, the institution of an in-lieu-of-parking fee, and the management of on-street parking, and the combination of such measures, would have more complex and significant outcomes which cannot be fully anticipated and assessed without further information and analysis, and WHEREAS, any final endorsement of such recommendations as part of a program for action should be based on greater information and understanding; now, therefore, be it RESOLVED, That the Common Council endorses the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” comprising Part One, as recommended to the City of Ithaca Common Council by the Planning & Development Board on May 12, 2009, with amendments and corrections made as of August 5, 2009, and Part Two, the “November 24, 2008 Collegetown Urban Plan & Design Guidelines” prepared by the Goody Clancy consultant team, with Part One, as amended and corrected, superseding and replacing Part Two in any and all places where the latter differs from the former, and be it further RESOLVED, That this endorsement is conditioned on the provision to the Common Council, at the earliest possible time but no later than at its Regular Meeting on October 7, 2009, a narrative list of specific studies and investigations to be undertaken as a basis for the plan’s recommendations and for any future action thereon, and that this narrative list be made as an amendment to the endorsed plan. Amending Resolution: By Alderperson Myrick: Seconded by Alderperson Korherr RESOLVED, That the 21st and 22nd Whereas clauses be removed from the resolution. Ayes (5) Zumoff, Clairborne, Dotson, Myrick, Korherr Nays (5) Rosario, Coles, Cogan, Schuler, Tomlan Abstentions (0) Mayor Peterson voted aye and broke the tie vote. Carried (6-5) Amending Resolution: By Alderperson Coles: Seconded by Alderperson Myrick RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That this endorsement is conditioned on the provision to the Common Council, at the earliest possible time but no later than at its Regular Meeting on October 7, 2009, a narrative list of specific studies and investigations that would need to be undertaken as a basis for the plan’s recommendations and for any future action thereon, and that this narrative list be made an amendment to the endorsed plan.” Ayes (7) Zumoff, Clairborne, Coles, Tomlan, Myrick, Korherr, Cogan Nays (3) Rosario, Dotson, Schuler Abstentions (0) Carried Motion to Refer to Committee of the Whole Meeting: By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That this Resolution be referred to a Committee of the Whole meeting for further discussion. Motion to Call the Question: By Alderperson Coles: Seconded by Alderperson Schuler August 5, 2009 16 This motion was withdrawn by Alderperson Coles. A vote on the Motion to Refer to a Committee of the Whole meeting resulted as follows: Ayes (1) Cogan Nays (9) Coles, Dotson, Clairborne, Rosario, Zumoff, Tomlan, Schuler, Myrick, Korherr Failed Alderperson Tomlan stated that she cannot support the resolution as the 23rd Whereas clause does not make sense without the previous two Whereas clauses. Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Ayes (6) Rosario, Clairborne, Dotson, Korherr, Myrick, Cogan Nays (4) Zumoff, Coles, Schuler, Tomlan Abstentions (0) Carried 11.3 Common Council Endorsement of Hotel Ithaca Project Proposal for the Community Investment Incentive Program - Resolution By Alderperson Dotson: Seconded by Alderperson Myrick WHEREAS, on September 20, 2001, the Industrial Development Agency (IDA) established the “City of Ithaca Density Incentive Program” providing incentives for multi- story development projects within the density target area, and WHEREAS, on June 7, 2006 the Common Council endorsed the continuation of an IDA abatement program and requested that the IDA establish the Community Investment Incentive Program, under which projects would be reviewed by the community and evaluated by the Common Council, and if endorsed by the Common Council, proposed for recommendation by the Mayor to the IDA as eligible for tax abatements, and WHEREAS, the IDA has indicated that it supports a program of granting tax abatements to projects within a density target area in the city based on a score derived from the number of benefits that a project will provide, and WHEREAS, Jeffrey Rimland (Rimland), principal investor and managing member of Ithaca Properties, LLC and the owner of the building located at 215 E. State Street (tax parcel #70.-4-4.2), also known as the “Rothschild Building”, has submitted a request for the proposed Hotel Ithaca project to be considered for tax abatements under the Community Investment Incentive Program, and WHEREAS, the proposed Hotel Ithaca is a 27 million dollar project that would include a ten-story four star 130± room boutique hotel to be constructed on the southeastern corner of the Commons adjacent to the Rothschild building, and WHEREAS, in accordance with the process that was passed by the Common Council in a resolution on September 5, 2007, a public meeting has been advertised and the property owners within 200 feet of the property have been notified of the public meeting that was held on June 23, 2009, and again on July 15, 2009, and WHEREAS, City Planning Staff has reviewed the application and found that the project proposes to provide numerous benefits to the community, including, encouraging pedestrian activity, generating over 50 full time jobs, constructing an architecturally exceptional, LEED certified building on a vacant, underutilized lot, generating over $200,000 in new property taxes to the City and generating over $100,000 in annual City sales tax, and WHEREAS, the developer proposes to provide 27 community benefits, 26 of which have been identified by the Common Council as important contributions to the community; now, therefore, be it RESOLVED, That the City of Ithaca Common Council recognizes that the proposed project offers many benefits to the community, and be it further August 5, 2009 17 RESOLVED, That the City of Ithaca Common Council does hereby determine that the proposed Hotel Ithaca project will provide 26 community benefits, as described in the attached community benefits checklist dated July 8, 2009, which exceeds the minimum qualifications of 14 benefits, for the Community Investment Incentive Program, and be it further RESOLVED, That the Common Council does hereby endorse the Hotel Ithaca project and requests that the Mayor recommend the project to the IDA for possible tax abatement under the Community Investment Incentive Program. Alderperson Dotson stated that she was concerned regarding some of the benefits listed on the project worksheet as she does not believe that they are “over and above” the regular standards. She identified items 3, 7, 8, & 11 that are related to ADA standards, the creation of local construction jobs, and the use of local labor, bicycle accommodations and environmental standards. Alderperson Schuler questioned item 34 that relates to parking. Alderperson Dotson explained that 14 benefits is the minimum requirement to be eligible for the Community Investment Incentive Program, and the project listed 26 community benefits. Amending Resolution: By Alderperson Dotson: Seconded by Alderperson Coles RESOLVED, That the items 3, 7, 8, and 11 be removed from the worksheet. Discussion followed on the floor regarding item #38 on the worksheet regarding tax revenue. Alderperson Zumoff questioned if it was the intent of the developer to request property tax abatement. Scott Whitham, Project Manager stated that Mr. Rimland’s primary intent is to seek sales tax abatement through the Empire Zone; however, the request for property tax abatement is being considered as a safety measure. Alderperson Coles stated that she could no longer support this resolution due to the addition of property tax abatement. Motion to Extend the Meeting to 11:30 p.m.: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Common Council extend the meeting until 11:30 p.m. in order to complete all items on the agenda. Ayes (7) Coles, Clairborne, Rosario, Zumoff, Tomlan, Myrick, Cogan Nays (3) Dotson, Korherr, Schuler Abstentions (0) Carried Motion to Call the Question: By Alderperson Korherr: Seconded by Alderperson Coles RESOLVED, That the question be called on the resolution. Ayes (7) Coles, Clairborne, Rosario, Myrick, Schuler, Cogan, Korherr Nays (3) Dotson, Tomlan, Zumoff Abstentions (0) Carried A Vote on the Amending Resolution Resulted as Follows: Ayes (4) Clairborne, Dotson, Coles, Schuler Nays (6) Rosario, Tomlan, Zumoff, Myrick, Cogan, Korher Abstentions (0) Failed Discussion followed on the floor regarding the intent of the CIIP and the original proposal versus the requests for additional abatements. Director of Planning and Development Cornish explained what the future of the Empire Zone designation may be and clarified that IDA made the suggestion that the project apply for both abatements as it is in the same process. August 5, 2009 18 Main Motion: A Vote on the Main Motion resulted as follows: Ayes (7) Rosario, Tomlan, Zumoff, Myrick, Schuler, Cogan, Korherr Nays (3) Clairborne, Dotson, Coles Abstentions (0) Carried Alderperson Korherr left the meeting at 11:20 p.m. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 Mayor - Request to Reallocate Restore NY Funds From Phase 2 Redevelopment to Phase 1 Demolition and Clearance – Resolution (back-up material to be distributed under separate cover) By Alderperson Cogan: Seconded by Alderperson Myrick WHEREAS, on January 15, 2008 the City of Ithaca (City) was awarded a $2.3 million Restore NY Communities Initiative grant from Empire State Development Corporation for the Former Ithaca Gun Factory Redevelopment project, and WHEREAS, the City is collaborating with a development team composed of Fall Creek Redevelopment, LLC, (FCR), O’Brien & Gere Engineers, Inc., and Travis & Travis Development, LLC (Travis & Travis) (hereinafter referred to collectively as the “Development Parties”) to undertake a proposed public/private project to environmentally remediate and redevelop the former Ithaca Gun factory property located at 121-125 Lake Street, Ithaca, NY, and WHEREAS, based on original budget projections, phase 1 demolition/clearance was allocated $1.46 million of grant funding and phase 2 redevelopment was allocated $840,000 of grant funding, and WHEREAS, the Development Parties have submitted a jointly signed letter identifying a cost overrun of at least $840,000 in the demolition/clearance phase of the project resulting in a revised projected phase 1 project cost of $2,300,000, and WHEREAS, the Development Parties request City approval to transfer $840,000 in grant funding from the redevelopment phase of the project to phase 1 demolition/clearance activities to complete the clearance activities, and WHEREAS, phase 2 redevelopment funding was earmarked to assist Travis & Travis to redevelop the site and construct a community walkway & public overlook, and WHEREAS, Travis & Travis Development, LLC supports the request to reallocate grant funds to demolition & clearance and has confirmed their commitment to pay the 10% local match for the Environmental Restoration Grant on adjoining City-owned land and construct the community walkway and Ithaca Falls Overlook on City-owned land as part of a future residential project at the former Ithaca Gun factory site, and WHEREAS, redevelopment cannot proceed without full remediation of the Ithaca Gun site, which cannot move forward until demolition debris is removed from the site, and WHEREAS, off-site disposal of stockpiled demolition debris on-site has been discontinued until additional funding is identified to pay for completion of site clearance, and WHEREAS, it is in the best interest of the community to facilitate timely removal of stockpiled demolition debris at the former Ithaca Gun factory site; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves the Development Parties’ request to reallocate $840,000 of Restore NY grant funds from phase 2 redevelopment to phase 1 demolition/clearance activities to facilitate completion of the environmental remediation and redevelopment of the former Ithaca Gun factory property, and be it further August 5, 2009 19 RESOLVED, That the Common Council authorizes the Mayor to submit a request to the Empire State Development Corporation to reallocate phase 2 Restore NY funds to phase 1. Alderperson Coles questioned what the ramifications of this action would be. City Attorney Hoffman responded that the City has a contractual obligation to use the monies for what they were intended for and so does Fall Creek Redevelopment. Alderperson Schuler asked what would happen to Phase II of the project if the money is reallocated. City Attorney Hoffman responded that the removal of material and the construction of a walkway is part of Phase I of the project. Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Zumoff RESOLVED, That the fifth Whereas clause be amended to read as follows: “WHEREAS, the Development Parties request City consent [approval] to transfer $840,000 in grant funding from the redevelopment phase of the project to phase 1 demolition/clearance activities to complete the clearance activities,” and be it further RESOLVED, That the seventh Whereas clause be amended to read as follows: “WHEREAS, Travis & Travis Development, LLC supports the request to reallocate grant funds to demolition & clearance, and [has confirmed their commitment to pay the 10% local match for the Environmental Restoration Grant on adjoining City-owned land and construct the community walkway and Ithaca Fall Overlook on City-owned land as part of a future residential project at the former Ithaca Gun factory site]” and, be it further RESOLVED, That the ninth Whereas clause be amended to read as follows: “WHEREAS, off-site disposal of stockpiled demolition debris on-site has been discontinued by Fall Creek Redevelopment until additional funding is identified to pay for completion of site clearance,” and, be it further RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the City of Ithaca Common Council hereby endorses [approves] the Development Parties’ request to reallocate $840,000 of Restore NY grant funds from phase 2 redevelopment to phase 1 demolition/clearance activities to facilitate completion of the environmental remediation and redevelopment of the former Ithaca Gun factory property, and be it further” Carried (9-0) (Alderperson Korherr absent from vote) Alderperson Zumoff asked if this funding would be sufficient for the work that needs to be completed. Mr. Grevelding, from O’Brien & Gere responded that the budget will be close. They have found savings by using different methods. If all the material can’t be removed within the budget, the development team will have to do what it takes or the site can’t be developed. Motion to Extend the Meeting to Midnight – Resolution: By Alderperson Coles: Seconded by Alderperson Zumoff RESOLVED, That the meeting be extended to midnight in order to finish the remaining agenda items. Carried (9-0) (Alderperson Korherr absent from vote) Alderperson Dotson read the following message into the record from Kathy Luz Herrara regarding the reallocation of funds: “Hello Mayor and Common Council, I regret that I am unable to attend the meeting tonight, but formally request that this message be read into the public record. As a Fall Creek Resident and appointed member of the Community Advisory Group for the Ithaca Gun Project, I am in utter astonishment and dismay at the prospect of the Common Council passing the resolution referenced in Walter Hang's email to you. August 5, 2009 20 Substantial contamination will remain on-site and above the Ithaca Falls if cost overruns are approved as proposed. I strongly urge you to refrain from incurring more financial liability or further endorsing environmentally irresponsible actions by supporting the cost overruns this resolution supports. The observations that Walter Hang makes and the questions that he raises in his email pasted below are of vital importance to our community. Walter's email says it best: "In conclusion, I believe the Common Council must know precisely where this project stands before incurring any further potential financial obligations. If the proposed redevelopment project is imperiled by cost overruns, a back-up plan should be formulated to remediate Ithaca Gun without any further delay. Given the shortcomings of the current plan of action, I have long maintained that consideration should be given to asking DEC or EPA to remediate the site on a comprehensive basis." I completely agree, and ask that the Common Council vote "no" on this resolution, agreeing to protect our fiscal and environmental safety. Please do not hesitate to contact me with questions or comments. Sincerely, Kathy Luz Herrera 116 Utica St. Ithaca, NY 14850 CAG member Tompkins County Legislature, District 5 607-273-8169” Alderperson Cogan stated that he is very torn by this issue and that many of his neighbors are concerned about the site as well. Mr. Grevelding, from O’Brien & Gere, stated that the money from the Restore NY grant was to get the piles out. All other work is being funded through different funding sources. Alderperson Clairborne asked if it would be possible to see the budget for the project. Mr. Grevelding, from O’Brien & Gere, explained the expenditures so far in the project. Extensive discussion followed on the floor regarding what the implications would be if this funding was not enough to complete the clean-up of the site. Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Ayes (7) Coles, Dotson, Clairborne, Zumoff, Tomlan, Myrick, Cogan Nays (2) Rosario, Schuler Abstentions (0) Carried (7-2) (Alderperson Korherr absent from the vote) Alderperson Schuler left the meeting at 12:10 a.m. Motion to Extend the Meeting to finish all the Items remaining on the Agenda – Resolution: By Alderperson Coles: Seconded by Alderperson Cogan RESOLVED, That the meeting be extended in order to finish the remaining items on the agenda. Carried (8-0) (Alderpersons Korherr and Schuler absent from vote) August 5, 2009 21 CITY ADMINISTRATION COMMITTEE: 12.1 Fire Department - Request for Roster Change Due to Retirement of Fire Chief - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, the Fire Chief will retire, effective August 30, 2009, thus creating a vacancy in the fire department; and, WHEREAS, the retirement of the Fire Chief will reduce management capacity within the Fire Department; and, WHEREAS, the historic pattern associated with the process required to select a new Department Head is lengthy; and, WHEREAS, the areas of responsibility and the work loads of the Acting Fire Chief and remaining Deputy Fire Chief will need to be adjusted as needed to facilitate the succession process to maintain the function of the fire department; and, WHEREAS, the nature of code enforcement, the need for day-to-day guidance and quality assurance is very time intensive; and, WHEREAS, the Fire Department has proposed an adjustment to facilitate this succession; now, therefore be it RESOLVED, Common Council hereby authorizes the creation of an additional Fire Lieutenant position to serve as a supervisor in the Fire Prevention Bureau, thus allowing the Deputy Fire Chief to delegate certain responsibilities to that Fire Lieutenant; and, be it further RESOLVED, The vacancy created by the promotion of a Fire Fighter to Lieutenant will be filled, and, be it further RESOLVED, That without further approvals from Common Council to do otherwise, once the higher level vacancies in the department are filled, the next vacant position in the Lieutenant’s rank will be eliminated, and, be it further RESOLVED, That the funding for the new position will be derived from the existing authorized Fire Department budget, and be it further RESOLVED, That this action is contingent on the approval from both the Town of Ithaca and the City’s Vacancy Review Committee. Carried (6-0) (Alderpersons Korherr, Schuler, Dotson, Tomlan absent from vote) 12.2 City Chamberlain’s Office - Approval of Request for Waiver of Late Penalty for Daley Enterprises - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the owner of Daley Enterprises has requested a waiver of penalty on the second installment of these properties' 2009 City taxes, and WHEREAS, the Chamberlain's Office did not receive the tax payments on time for said properties, and WHEREAS, the owner of Daley Enterprises has provided documentation that the payment was issued in a timely manner, and that other checks issued by Daley Enterprises at the same time cleared within the penalty-free period, now therefore be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the request to waive penalty is approved. Carried (7-0) (Alderpersons Korherr, Schuler, Tomlan absent from vote) August 5, 2009 22 12.3 Deny Waiver of Late Penalty for 411 Second and 320 Hancock Streets - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, the owner of properties at 411 Second Street and 320 Hancock Street has asked for a waiver of penalties for the second installment of these properties’ 2009 City taxes, and WHEREAS, the circumstances which could have caused the tax payments to arrive late were unrelated to the City; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the request to waive penalty is denied. Carried (7-0) (Alderpersons Korherr, Schuler, Tomlan absent from vote) 12.4 IURA - Support Continuation of IURA Work on Joint City/IURA Projects - Resolution By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, the Ithaca Urban Renewal Agency (IURA) authorized submission of a memorandum, dated May 18, 2009, to the Mayor outlining a budgetary proposal to support continuation of IURA work on joint City/IURA projects, and WHEREAS, IURA staff works on a variety of joint City/IURA community development projects, including Southwest Neighborhood development, affordable housing collaborations, Ithaca Gun redevelopment, GIAC rehabilitation, Commons Upper Story Housing, Cayuga Green and various grant applications, and WHEREAS, the IURA receives no direct funding from the City’s General Fund and relies primarily on grant funding from the U.S. Department of Housing & Urban Development (HUD) to cover staff and operational expenses, and WHEREAS, each hour of time of IURA staff must be billed to a specific funding source, and work on several joint City/IURA projects are not directly related to the HUD Entitlement Grant program and therefore not eligible for payment from HUD grant funds, and WHEREAS, beginning in September 2009, Cayuga Green LLC is scheduled to begin annual loan repayments of $58,000 to the IURA on a loan issued to purchase the property under the Cayuga Apartments project at 131-133 E. Green Street, and WHEREAS, the IURA seeks to continue to work on joint City/IURA projects to address priority community development needs and proposes that a portion of future revenues to be generated from the Cayuga Green project be retained by the IURA to cover costs associated with City/IURA joint projects, and WHEREAS, the IURA’s recommendation will result in the following projected allocation of Cayuga Green revenues: Projected Cayuga Green Direct Revenues Year CityIURATotal 2008 (actual) $68,000$0$68,000 2009 $82,000$6,000$88,000 2010 $96,000$40,000$136,000 2011 $119,000$40,000$149,000 2012+ $119,000$40,000$149,000 Notes: (1) Excludes any future revenue to City realized from sale agreement of parcel ‘D’ adjoining the Cayuga Garage to Cayuga Green, LLC for $280,000.(2)Excludes CPI rent increases which will increase City revenues. August 5, 2009 23 WHEREAS, the City Administration Committee reviewed the May 18, 2009 IURA concept memo at their June 24, 2009 and July 29, 2009 meetings; now, therefore, be it RESOLVED, That in accordance with the attached memorandum dated May 18, 2009, the Common Council of the City of Ithaca hereby authorizes the Ithaca Urban Renewal Agency to retain the following amounts of future loan repayments resulting from the IURA sale of property located at 131-133 E. Green Street to Cayuga Green LLC (Cayuga Apartments site): 2009: $6,000 2010 & thereafter: $40,000 and be it further, RESOLVED, That the Mayor, subject to review by the City Attorney, is hereby authorized to execute an agreement to implement this resolution. Alderperson Coles stated that the amount of work that the IURA staff does for the City is enormous and further noted that the Planning Department offers great support to the IURA. A vote on the Resolution resulted as follows: Carried (8-0) (Alderpersons Schuler and Korherr absent from vote) 12.5 Finance/Controller’s Office - Request to Transfer Funds from Unrestricted Contingency for Computer Upgrade - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, we have the opportunity to upgrade our server platform for our financial software MUNIS, and WHEREAS, the upgrade will entail the conversion of our Informix Database to SQL Server 2005 at a cost of $6,000, and WHEREAS, once the upgrade is complete, it will allow the City IT Department to maintain and support MUNIS giving the City an annual cost savings of $18,000 by reducing our need for a full annual MUNIS support contract, and WHEREAS, we have consulted IT on this issue and have their full support and recommendation; now, therefore be it RESOLVED, That Common Council hereby transfers an amount not to exceed $6,000 from account A1990 Unrestricted Contingency to A1315-5435 for the purposes of upgrading our server platform for MUNIS financial software. Carried (8-0) (Alderpersons Schuler and Korherr absent from vote) MAYOR’S APPOINTMENTS: Search Committee for Fire Chief - Resolution By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Alderpersons Clairborne, Zumoff, and Myrick be appointed to the Search Committee for the Fire Chief position. Carried (8-0) (Alderperson Korherr and Schuler absent from the vote) Appointment of Annual Employee Recognition Selection Committee – Resolution By Alderperson Cogan: Seconded by Alderperson Myrick RESOLVED, That the following Common Council members be appointed to the Annual Employee Recognition Search Committee: Alderpersons Tomlan, Dotson, Myrick, Coles, and Zumoff. Carried (8-0) (Alderperson Korherr and Schuler absent from the vote) August 5, 2009 24 Appointments to Various City Boards and Committees – Resolution: Community Police Board: By Alderperson Dotson: Seconded by Alderperson Myrick RESOLVED, That Gino Bush be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2010, and be it further Disability Advisory Council: RESOLVED, That Larry Roberts be reappointed to the Disability Advisory Council with a term to expire June 30, 2012, and be it further RESOLVED, That George Eberhardt be reappointed to the Disability Advisory Council with a term to expire June 30, 2011, and be it further Rental Housing Advisory Commission: RESOLVED, That Danielle Harrington, be appointed to the Rental Housing Advisory Commission to fill a vacancy with a term to expire on December 31, 2011, and be it further Youth Bureau Advisory Board: RESOLVED, That Jen Mainville, be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2011. Carried (8-0) (Alderperson Korherr and Schuler absent from the vote) Resolution to Appoint a Director and Alternate to the Board of Directors of the Greater Tompkins County Health Insurance Consortium By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, in 2007, the County, on behalf of Tompkins County Council of Governments, accepted an incentive grant award under the New York State Shared Municipal Services Program, and WHEREAS, the grant assisted the municipalities in Tompkins County to create a local health- insurance consortium with the intent to provide a net savings to the taxpayers of Tompkins County, and WHEREAS, the City of Ithaca joined the Greater Tompkins County Health Insurance Consortium via resolution dated July 1, 2009, and WHEREAS, the resolution includes the provision for this municipality to enter into an inter-municipal agreement that outlines duties of the Board of Directors, which is charged with the operation of the consortium, and WHEREAS, each participating municipality must appoint a Director to the Board of Directors who can vote on behalf of the municipality, now therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby appoints Mayor Peterson serve as this municipality’s voting Director of the Board of Directors, and appoints City Controller Steven Thayer serve as an alternate who can vote in the absence of the Director. Carried (8-0) (Alderperson Korherr and Schuler absent from the vote) REPORT OF CITY ATTORNEY: City Attorney Hoffman reported that the City has been served two new lawsuits. One involved a trip and fall on the sidewalk in front of the Immaculate Conception Church, and the other is an Article 78 proceeding involving a homeless person and a claim regarding an inaccurate completion of a police report. August 5, 2009 25 MINUTES FROM PREVIOUS MEETINGS: Approval of the June 24, 2009 Special Common Council Meeting Minutes and the July 1, 2009 Regular Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Rosario RESOLVED, That the minutes of the June 24, 2009 Special Common Council Meeting and the July 1, 2009 Common Council meeting be approved with noted corrections. Carried (8-0) (Alderperson Korherr and Schuler absent from the vote) ADJOURNMENT: On a motion the meeting adjourned at 12:30 a.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor