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.
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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
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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
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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
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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
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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
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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
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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
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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
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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