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HomeMy WebLinkAboutMN-CC-2015-07-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. July 1, 2015 PRESENT: Mayor Myrick Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Director of Planning, Building, Zoning & Economic Development - Cornish EXCUSED: Alderperson Martell PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning & Economic Development Committee: Alderperson Murtagh reported that the proposed MH-1 zoning amendment that was withdrawn from the June Common Council agenda due environmental concerns expressed by members of the public, is still under consideration by the Planning & Economic Development Committee. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Dick Feldman, City of Ithaca, presented a petition signed by 140 people regarding the proposed housing development at 210 Hancock Street, noting that most of the people who signed the petition are opposed to the project. He commented that the City has held discussions regarding urban density; however, the citizens of Ithaca have not addressed the issue. The following people also spoke in opposition to the proposed housing development at 201 Hancock Street voicing concerns such as: the building height; the requests for two zoning variances; the Comprehensive Plan recommendations for neighborhoods; lack of information from Ithaca Neighborhood Housing Services (INHS); potential damage to adjacent property foundations, creek walls, and the bridge due to pile driving; Cornell’s growing housing needs, and more: Jay Rogan, City of Ithaca Bob Sherman, City of Ithaca Dawn Sherman, City of Ithaca Karen Johnson Feltram, City of Ithaca Tenzin Chopak, City of Ithaca Janice McCarrick, City of Ithaca Jess Confer, City of Ithaca Kip Wilcox, City of Ithaca Ron Belles, City of Ithaca/ Susan Nazer, City of Ithaca Kathleen Lilley, City of Ithaca The following people voiced their support of the proposed housing project at 210 Hancock Street, noting that the neighborhood is already a diverse, urban, mixed use neighborhood; affordable housing needs are great in the City; density preserves valuable green space; the reduction in parking promotes a walkable city; the current status of the property and the proposed improvement to neighborhood aesthetics, and more: July 1, 2015 2 Nicky Kaschmann, City of Ithaca Joel Harlan, Town of Newfield Fred Horan, City of Ithaca Marlo Capoccia, City of Ithaca Carl Feurer, City of Ithaca Leslie Schultz, City of Ithaca Karl Graham, City of Ithaca thanked the Mayor for appointing Leslyn McBean Clairborne to the position of Interim Director of the Greater Ithaca Activities Center (GIAC) but voiced his disappointment that another search for the GIAC Director will be held. He stressed the importance of having a Director who is local and knowledgeable about the agency and stated that Ms. McBean Clairborne has proven that she can do the job. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to comments made regarding Ms. McBean Clairborne’s appointment as the Interim Director of GIAC. He noted that the appointment was part of a philosophy in taking time to make sure the right decision is made. He noted that the current Police Chief and Youth Bureau Director also served in an Interim capacity while the position was being filled. He stated that the retirement of Marcia Fort has had a significant impact on GIAC and the Ithaca community, and Ms. McBean Clairborne has been the perfect person to lead the difficult transition in leadership. Alderperson Murtagh noted that he would reserve his comments about the proposed housing development at 210 Hancock Street until the discussion of the legislation. He acknowledged that hurtful comments have been made about race and class in discussions about this project. He stressed the importance of taking all concerns seriously and noted that Ithaca Neighborhood Housing Services (INHS) has done a good job with public outreach. Alderperson McCollister thanked all of the speakers for coming out to share their thoughts. She stated that she is also disturbed by the idea that the City is expected to absorb all of the housing needs when Cornell University grows. She commented that Common Council needs to take the concerns regarding impacts of housing developments on neighborhoods seriously. She further explained that pursuant to the regulations of the Board of Zoning Appeals, only property owners within 200 ft of the development, civic association representatives and elected officials have standing in the discussions. Mayor Myrick commented that the City can’t prevent people from relocating to Ithaca. He noted that the more student housing that Cornell builds, the smaller the tax base for the City as most of their developments are property tax exempt. He further commented that the City should not remain the same size as the housing demand in the area is great. Alderperson Kerslick addressed the issue of the treatment of public comments at the Planning Board meeting. He further explained that Common Council does not make decisions about height/parking variances, the Board of Zoning Appeals does. He stated that he supports achieving a balance of all of the housing needs in Ithaca. Alderperson Mohlenhoff stated that she feels strongly that people should be heard tonight and their questions should be answered. She stated that more information is needed on what exactly the construction impacts might be on the surrounding foundations, creek walls, etc. Alderperson Clairborne stated that he liked the energy that the speakers brought and would like to bring that energy to discussions about affordable housing, increased density, and neighborhood identity/boundaries (ie. Northside vs. Fall Creek). He further shared the details of Marcia Fort’s retirement party, and gave a “shout out” to the GIAC Navigators Track Team who recently participated in the Jr. Olympics in Rochester. He noted that every runner either placed or medaled in the fields they were competing in. July 1, 2015 3 CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Approval of the Sale and Consumption of Beer, Wine, and Hard Cider at the Commons Celebration Event on August 28-30 (8/30 is a rain date) 2015 - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, 28- 30 (8/30 is a rain date) 2015; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during the Commons Celebration Event on the Ithaca Commons, August 28-30 (8/30 is a rain date), 2015, and; be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons; and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously (9-0) 8.2 Ithaca Area Waste Water Treatment Plant Influent Building and Dewatering System Improvements Project - Amendment No. 2: Request for Funding for Engineering Services Agreement - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in need of certain Capital Improvements; and WHEREAS, GHD Engineers completed an Engineering Report entitled “IAWWTF Influent Building and Dewatering System Improvements Study” as the final project funded by Capital Project 416J; and WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan, this agreement provides engineering services for the next set of proposed capital improvements; and WHEREAS, by separate resolution Common Council will recommend the approval of construction contracts; and WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with GHD at its meeting of October 9, 2013, and approved Amendment No. 1 on July 9, 2014, contingent on fund availability and attorney approval of the agreement; and WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project 419J; and WHEREAS, GHD has submitted a proposal entitled Amendment No. 2 for services to complete the construction; and WHEREAS, the SJC approved the additional funding at their June 10, 2015, regular meeting; now, therefore be it RESOLVED, That the Common Council hereby amends Capital project 419J by an additional amount not to exceed $108,000 for a total project authorization of $411,200 to fund the proposed agreement with GHD Engineers, and be it further July 1, 2015 4 RESOLVED, That funding for Amendment No. 2 be contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $61,711.20 Town of Ithaca 40.88 44,150.40 Town of Dryden 1.98 2,138.40 $ 108,000.00 And be it further RESOLVED, That funds needed for said amendment shall be derived from the issuance of Bonds and/or Capital Reserve J1. Carried Unanimously (9-0) 8.3 Finance, Budget, and Appropriations - Influent Building and Dewatering Systems Improvement Project Funding - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the Ithaca Area Wastewater Treatment Plant’s Special Joint Committee (SJC) at its June 10, 2015, regular meeting selected the three lowest qualified bids for General Construction, Electrical and Heating Ventilation and Air Conditioning, for the renovation of the Influent Building, including bar screen replacement, and the installation of new dewatering equipment to complement the existing belt filter press; and WHEREAS, the lowest qualified bid for Contract #15-001 for General Construction submitted by M.A. Bongiovanni, Inc. in the amount of $2,640,000; and WHEREAS, the lowest qualified bid for Contract #15-002 for Electrical Construction submitted by Matco Electrical in the amount of $181,530; and WHEREAS, the lowest qualified bid for Contract #15-003 for Heating Ventilating and Air Conditioning Construction by JW Danforth Co. in the amount of $398,800; and WHEREAS, the cost for these contracts shall be borne by the Town of Dryden, Town of Ithaca and the City of Ithaca based on the percentage of ownership assigned to each municipality; and WHEREAS, at the June 10, 2015, regular meeting of the SJC, the owners approved Ithaca Area Wastewater Treatment Facility (IAWWTF) Influent Building and Dewatering Equipment upgrades in the amount not to exceed $3,542,363, which includes the contract values plus a 10% contingency; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project 419J Influent Building and Dewatering Equipment Upgrades by an amount not to exceed $3,542,363 for a total project authorization of $3,953,563; and, be it further RESOLVED, That the Ithaca Area Wastewater Treatment Facility is hereby authorized to negotiate a final contract based on this resolution; and, be it further RESOLVED, That the City of Ithaca Mayor, the Town of Ithaca Supervisor and the Town of Dryden Supervisor be authorized to sign the contracts; and, be it further RESOLVED, That in accordance with the final contracts to be negotiated between the partners and the three qualified lowest bidders, funding for said project shall be derived by the issuance of Serial Bonds based on the following schedule which are to include interest rates as stipulated by the City of Ithaca Controller; and, be it further Municipality Percentage Project Cost City of Ithaca 57.14 $ 2,259,066 Town of Ithaca 40.88 $ 1,616,217 Town of Dryden 1.98 $ 78,280 $ 3,953,563 RESOVED, That funding for said project is contingent on the approval of the City of Ithaca, Town of Ithaca and the Town of Dryden. Carried Unanimously (9-0) July 1, 2015 5 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Cornell/City/County Housing Fund – Funding Round #9 – Authorization for Disbursement of $100,000 in Funds to Assist 210 Hancock Street - Resolution and Memorandum of Understanding (MOU) By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, pursuant to an executed MOU, the Program Oversight Committee for the Cornell/City/County Housing Fund recommends that the City of Ithaca approve funding assistance for the following affordable housing project: $100,000 210 Hancock Street, a 53-unit affordable rental housing project located at 210 Hancock Street, Ithaca, NY., and WHEREAS, the Housing Fund Program Oversight Committee (POC) met on March 23, 2015, to review recommendations from the Application Review Committee of Round #9 funding applications for new affordable housing projects; and WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne, Chris Proulx, Ithaca Urban Renewal Agency (IURA) member, and Doug Dylla, past member of the IURA; and WHEREAS, the Housing Fund was established in 2009 by Memorandum of Agreement (MOU) as a six-year program between and among the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County; and WHEREAS, the Common Council determined that City contributions to the Housing Fund should be used to assist projects located within the City of Ithaca, and WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate project, and are held by the IURA; and WHEREAS, the POC recommends Round #9 funding of $200,000 for the following project: Round #9, Housing Fund - Recommended Funding Awards Applicant Project # Afford. Units Location Funding ($1,000s) Cornell County City Total Ithaca Neighborhood Housing Services 210 Hancock St. - New Construction 53 rental 210 Hancock St., City of Ithaca 1000 100 200 Totals 53 1000 100 200 And WHEREAS, on May 26, 2015, the City of Ithaca Planning and Development Board, acting as lead agency in the environmental review of this project, determined the project will result in no significant impact on the environment; now, therefore be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $100,000 to support the 210 Hancock St. affordable housing project pursuant to the executed MOU; and, be it further RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency; and, be it further RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. July 1, 2015 6 Discussion followed on the floor regarding the funding sources. The Housing Fund Program Oversight Committee (POC) will be providing a total of $200,000, with the City providing $100,000 of that amount. All units are considered affordable (within a range of affordability). Alderperson Brock thanked all of the speakers for coming out. She noted that Common Council does not approve variances, the Board of Zoning Appeals does. She stated that public outreach is a vital part of development projects. She noted that zoning laws provide protection and predictability; however, projects that rely on governmental funding tend to be high density projects that are out of scale with the zoning regulations that are in place in neighborhoods. She suggested that developers study the current zoning regulations for the parcels they are developing and present projects that are in scale with the neighborhoods they are building in. She further acknowledged that unfair assumptions get made during the process of dispersing funds to support subsidized housing (ie. if you don’t support the funding, it means that you don’t support affordable housing). Alderperson McCollister inquired about the Comprehensive Plan and how it relates to this project. Planning Director Cornish stated that this project is consistent with the comprehensive plan, except for the variances that are required for it. She noted that Council’s action tonight does not approve what will actually be built. It is simply to approve Round 9 of funding, which will go into an escrow account. Alderperson Murtagh explained that the approval of funding is conditional upon project approval from the Planning Board and the Board of Zoning Appeals. If Common Council doesn’t approve the funding, the project would be further delayed. Currently, the project is not scheduled to be complete for four years. Alderperson McCollister noted that she is not comfortable using Common Council and the funding approval mechanism to stop this project. Alderperson Murtagh further noted that INHS would be able to submit a stronger grant application if this funding is approved. Alderperson Clairborne explained the funding model that is divided between the County, Cornell University, and the City, noting that the City does not fund projects which are located outside of the City. Alderperson McGonigal thanked the speakers, and noted that this conversation highlighted a number of common goals: everyone supports affordable housing and INHS has done great work in the City; however, he noted that the scale of this project was not up for debate as part of the public outreach effort. He suggested that the project should have more consideration with other options considered. Alderperson Murtagh acknowledged that Common Council is not the body to consider variances; however, he wanted to clarify that a 4 story building can be built within the current zoning regulations. The variance is for a 6 foot increase in height due to the flood zone. The project is recommending 64 parking spaces which is equal to 76% of the required parking. INHS has conducted a parking study that showed that only 41% of their tenants own a vehicle. He further noted that this project offers more parking than their other projects, and TCAT has experienced a huge increase in usage. He stated that the actual variances don’t seem to be huge issues. He stressed the need for additional housing in the City as the current vacancy rate is 25%. He further stated that many people are in dire need for affordable places to live. Alderperson Fleming voiced her agreement with Alderperson Murtagh, noting that there has been a very clear argument made for the variances. She clarified that the height variance is also to facilitate parking underneath the building. She asked about the amount of impervious surfaces for this project. City Attorney Lavine responded that all of the site is either parking or part of the building site now. Mayor Myrick clarified that the properties owned by INHS are not exempt from property taxes or other fees. City Attorney Lavine further noted that the Department of Public Works has been represented at all of the meetings about access to Lake Avenue and the creek walls regarding concerns raised about equipment access to the site. July 1, 2015 7 Alderperson Kerslick stated that he supports the project in general. He stated that INHS is a community organization and he has trust in them to develop a responsible project. He questioned how to ensure the neighborhood that the impact from any pile driving would be mitigated. Planning Director Cornish responded that the developer will be required to test around the area and to conduct a current condition survey. She noted that the Marriott hotel project used a different method to drive piles that was not as disruptive. She further commented that the City should explore the feasibility of this method for all City projects. Alderperson McGonigal inquired as to how the size of a project is determined. INHS Executive Director Paul Mazzarella responded that the determining factors are site size and conditions, financial feasibility, and zoning regulations. A vote on the Resolution resulted as follows: Ayes (7) Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff Nays (2) Brock, McGonigal Carried (7-2) CITY ADMINISTRATION COMMITTEE: 10.1 Request to Approve Funding Match for the 2015 New York State Consolidated Funding Application – Cayuga Lake Blueway Trail Implementation - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the State of New York has announced the availability of funds through the 2015 State of New York Consolidated Funding Application (CFA); and WHEREAS, Tompkins County is interested in applying for a Local Waterfront Revitalization Program (LWRP) grant from the New York State Department of State through the CFA process to implement the Cayuga Lake Blueway Trail Plan, the objective of which is to solidify Cayuga Lake as a prime paddling destination in the northeast; and WHEREAS, implementation of the plan will focus on creating a safe environment for people who use non-motorized paddle craft (kayaks, canoes, standup paddleboards, etc) to access local business, recreation areas and to enjoy the beauty of the Finger Lakes region by providing information and signage about the water trail as well as more and enhanced access points for launching and docking paddle craft; and WHEREAS, the plan identifies 14 existing priority sites to develop in the short term as launch sites or “trailheads” on the Blueway Trail throughout Tompkins, Seneca and Cayuga Counties, three of which are in the City of Ithaca at Cass Park, Stewart Park and Treman Marina; and WHEREAS, staff from the Tompkins County Planning Department, in collaboration with the Tompkins County Strategic Tourism Planning Board, Ithaca Tompkins County Convention and Visitors Bureau, and other local, regional and state partners, are preparing an application that will include, but not be limited to, the following components: Marketing: including a logo, sign design and visual identity for the new water trail along with an interactive website, print promotional materials and a map; Trailhead Signage: water facing and land-facing identification signage, along with an interpretive kiosk showing maps, itineraries, paddling information, local business information and interpretive information at each of the 14 existing sites, and Physical Improvements: paddling access improvements such as new ramps and docks and storage racks at a handful of anchor trailhead sites which include Cass Park and Stewart Park, and Aquatic Invasive Disposal Stations at each of the 14 existing sites, and WHEREAS, Common Council is interested in supporting this grant so as to enhance the City’s and region’s draw as a paddling destination and to enhance water based recreation opportunities for local residents; and WHEREAS, the LWRP grant program requires a 50% local match; and WHEREAS, other major partners include Cayuga and Seneca Counties, the New York State Office of Parks, Recreation and Historic Preservation, the New York State Canalway July 1, 2015 8 Corporation, the Erie Canalway National Heritage Corridor, the Town of Ithaca, the Town of Lansing, and several other municipalities in Cayuga and Seneca Counties; and WHEREAS, other sources of funding are still being determined, but are likely to include the Tompkins County Tourism Program, Cayuga County, Seneca County, Tourism Promotion Agencies (TPAs) in the three counties, the Town of Lansing, State Parks, and other towns in Seneca and Cayuga Counties; and WHEREAS, physical improvements of the project that are within the City will have a total estimated cost of approximately $107,000; now, therefore, be it RESOLVED, That Common Council hereby confirms its intention to commit funds in an amount not to exceed $20,000 contingent upon an award of funds from the 2015 CFA and completion of environmental review. Alderperson Fleming noted that she voted against this Resolution in committee but will be supporting it tonight as she has been informed that the Water Ad-hoc Committee would likely support this project. She noted that she prefers the name “Blueway” leaving out the word “Trail” as it tends to depict land. Alderperson Kerslick questioned where the other funding would be coming from. Alderperson Mohlenhoff noted that the listed agencies above would be funding sources. Alderperson Brock voiced her support for the grant application noting that this would be a tremendous asset to the region and the paddling community. Alderperson McGonigal voiced his support for the project as it adds 2-3 additional access points to the lake. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) 10.2 Support for an Application to the New York Main Street Program by the Downtown Ithaca Alliance - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the State of New York Division of Homes and Community Renewal administers the New York Main Street Grant Program which is part of the State’s Consolidated Funding Application round whose application deadline is July 31, 2015; and WHEREAS, the New York Main Street Program has created an expanded Downtown Anchor project category for stand alone, single site projects that help establish or expand cultural, residential or business anchors that are key to local revitalization efforts through substantial interior and/or exterior building renovation; and WHEREAS, Anchor projects may request between $100,000 and $500,000 and Main Street grant awards cannot exceed 75% of the total project cost; and WHEREAS, the Downtown Ithaca Alliance proposes to submit an application to the Main Street program for a Downtown Anchor project for 115/117 North Cayuga Street, also known as the Masonic Temple, a landmark, historic downtown anchor building that has remained vacant for nearly a decade; and WHEREAS, the owner of 115/117 North Cayuga Street is willing to provide and exceed the required grant matching requirements; and WHEREAS, the proposed project will be designed to renovate 115/117 North Cayuga Street, improving both the interior and exterior of the building, including, but not limited making the property ADA compliant with the addition of an elevator; and WHEREAS, the ownership of the property has devised a strategy to re-purpose the building for occupancy and have been exploring options for re-use, including converting the building into a possible public assembly/institutional use; and July 1, 2015 9 WHEREAS, the New York Main Street program will act to preserve the historic integrity of the building through its required review and sign-off by the State Historic Preservation Office (SHPO); and WHEREAS, the Downtown Ithaca Alliance will serve as recipient and administrator of any grant award and will work with the building owner on the bidding and monitoring of the project; and WHEREAS, the New York Main Street Program grant program requires all applications to be accompanied by a resolution of support from both the board of directors of the applicant organization (the DIA) as well as a resolution of support from the City Common Council; now, therefore be it RESOLVED, That Common Council hereby offers its support and endorsement for the application of the Downtown Ithaca Alliance to the New York Main Street program for 2015 on behalf of the renovation of the landmark building at 115/117 North Cayuga Street. DRAFT SUMMARY OF PROJECT CONCEPT AS OF 6/17/15 Prepared by Nathan Lyman, Ithaca Renting Company 115-117 N. Cayuga (the “Property”) was built in 1926 and is the previous home of the Masons in the City of Ithaca. Located at the corner of Seneca Street and N. Cayuga Street, it is an imposing limestone structure that anchors the north west section of the downtown. The structure from both an interior and exterior perspective is relatively unchanged since the 1920s. It is approximately 20,000 square feet and contains numerous small and large meeting rooms, bathrooms segregated by floor (i.e. men on one floor and women on a different floor) and staircases. Uses appropriate for a fraternal organization in the 1920’s do not match well with the needs of today’s tenant pool. The structure is not easily divisible into separate tenant spaces and without an elevator cannot be rented to more than one tenant because of ADA requirements. In 1994 the City of Ithaca designated the Property as historically significant locally. This designation limits the owner’s ability to re-develop the site, and prevents replacement of the structure. Without an elevator in the structure, and current building/fire codes and ADA requirements severely limit the pool of prospective tenants. The Owner has searched for a number of years for qualified tenants capable of utilizing the space in its current configuration, without success. Key to the re-purposing of the structure is creating an ADA compliant environment, which can only be accomplished with the installation of an elevator. As the first floor is approximately 4 feet above the level of the street, this will require a street level entrance and lobby area, with multiple stops. Current designs in process will allow stops at the basement, street, first, second and third floor levels. As there are limited places in the building where all the floors can be reached by an elevator, modification of the interior walls/structural supports will be necessary, at significant expense. The Owner is exploring three alternative avenues for the use of the building. One involves re-purposing the building into a public use building. This use would result in less interior modification, preservation of the second floor grand lodge room, but more expense related to restoration of the interior and meeting applicable codes for public assembly. The Owner is in conversations with interested parties, but no commitment has yet been received. The second avenue is to split the building into 4 rentable spaces, which would encompass retail, office and/or restaurant. This avenue is being designed in parallel with the other two. The third avenue (also being planned in parallel) is to convert the entire structure to residential housing purposes. The City of Ithaca has recognized an extreme need for additional housing units in the urban core, and this conversion would assist in meeting that need. Under the terms of the grant application, some of the units would have to be July 1, 2015 10 reduced rent in compliance with the guidelines, thereby promoting more affordable housing in the urban core. The anticipated cost, regardless of which avenue is selected, is expected to be in excess of $1,000,000. The third avenue is estimated to be much more costly, due to the larger scope of work, and building code requirements for housing units. Local government officials have expressed a desire to see the Property put back into service, but economic realities of construction, ILPC designation, and governmental requirements limit the opportunities of the owner. The Main Street Program presents a unique opportunity to accomplish the desires of the local government at no expense to local taxpayers. Alderperson McCollister stated that she fully supports this project, noting that it is great for downtown. Alderperson Clairborne expressed his kudos to the Downtown Ithaca Alliance and the property owner for bringing this project forward. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) 10.3 Authorization for Mayor to Sign Grant Application for Stewart Park - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the roof of the Stewart Park Dance Pavilion is in great need of repairs and improvements; and WHEREAS, assuring the integrity of the building would preserve a significant historic structure for current use by the Parks and Forestry section and the Ithaca Youth Bureau; and WHEREAS, these building improvements would greatly promote the use of the building as a potential future educational and tourism destination for residents and visitors alike; and WHEREAS, the State of New York has noticed the availability of funding through the Consolidation Funding Application (CFA); and WHEREAS, Common Council is interested in applying for a Parks grant in order to design and construct repairs and improvements to the Dance Pavilion; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application for funding to the State of New York in accordance with the provisions of the Consolidation Funding Application (CFA) process, in a amount not to exceed $150,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for construction of a project to repair and improve the roof of the Dance Pavilion at Stewart Park. Carried Unanimously (9-0) 10.4 A Resolution Amending the Bond Resolutions Dated July 6, 2011 and July 2, 2014, Authorizing the Issuance of an Aggregate $1,518,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Studies for the Investigation and Remediation of the Ithaca Falls Overlook Site, in and for said City. By Alderperson Mohlenhoff: Seconded by Alderperson Fleming WHEREAS, by bond resolutions dated July 6, 2011 and July 2, 2014, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of an aggregate $1,518,000 bonds of said City to pay the cost of studies for the investigation and remediation of the Ithaca Falls Overlook site, in and for said City, and July 1, 2015 11 determined that the period of probable usefulness thereof was five years, as a financing for the planning for the capital project of such remediation; and WHEREAS, it has now been determined that such authorization shall include the costs of the capital project itself and that it is in the financial interest of said City to amortize the serial bonds for a period in excess of five years, the period of probable usefulness of said specific object or purpose being fifteen years in accordance with the applicable provision of the Local Finance Law; and WHEREAS, it is now desired to amend such bond resolutions accordingly; now, therefore, be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The bond resolutions dated July 6, 2011 and July 2, 2014, as more fully described in the preambles hereof, are each hereby amended to provide that the period of probable usefulness is now determined to be fifteen years pursuant to subdivision 19(c) of Section 11.00 of the Local Finance Law for both the planning and implementation of the remediation of the Ithaca Falls Overlook site for use as a public park, such period to be calculated from the date of issuance of the first bond anticipation note issued pursuant to the bond resolution dated July 6, 2011. Section 2. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 3. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Alderperson Brock noted that issuing a 5 year bond for an investigation and remediation of the Ithaca Falls Overlook site is reasonable and questioned why the City would want to turn that into a 15 year bond. City Controller Thayer explained that you can extend funding into a 15 year useful life when there is construction/remediation work associated with the study. This action gives the City maximum flexibility with the debt payback period. A roll call vote on the Resolution resulted as follows: Alderperson Brock - Nay Alderperson McGonigal – Aye Alderperson Clairborne - Aye Alderperson Murtagh – Aye Alderperson McCollister - Aye Alderperson Fleming – Aye Alderperson Smith - Aye Alderperson Kerslick – Aye Alderperson Mohlenhoff - Aye Alderperson Martell – Absent from meeting Carried (8-1) 10.5 A Resolution Authorizing the Issuance of $4,235,563 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for said City By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and July 1, 2015 12 WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $4,235,563 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and/or expenses in connection therewith, are as follows: a) Additional costs for the replacement of Lake Street over the Fall Creek Bridge, in and for said City, at a maximum estimated cost of $30,000. It is hereby determined that the plan for the financing of such portion of the cost of such specific object or purpose shall consist of the issuance of $30,000 bonds of the $4,235,563 bonds of said City authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby further determined that the aggregate plan of financing of such specific object or purpose includes $1,464,250 bonds of the City heretofore authorized by a bond resolution dated and duly adopted on December 4, 2013. The aggregate maximum estimated cost of said specific object or purpose is now determined to be $1,494,250. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor; b) Additional costs of the construction of bulb-outs extensions of curbs and sidewalks at City intersections of W. Green and W. Seneca Streets to improve pedestrian visibility and safety at intersections, in and for said City, at a maximum estimated cost of $60,000. It is hereby determined that the plan for the financing of such portion of the cost of such specific object or purpose shall consist of the issuance of $60,000 of the $4,235,563 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby further determined that the aggregate plan of financing of such specific object or purpose includes an aggregate $279,000 bonds of the City heretofore authorized by bond resolutions dated and duly adopted on July 6, 2011, December 7, 2011 and December 4, 2013. The aggregate maximum estimated cost of said specific object or purpose is now determined to be $339,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations issued therefor; c) Additional costs of the reconstruction of the Skate Park, in and for said City, at a maximum estimated cost of $61,000. It is hereby determined that the plan for the financing of such portion of the cost of such specific object or purpose shall consist of the issuance of $61,000 of the $4,235,563 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby further determined that the aggregate plan of financing of such specific object or purpose includes $18,000 bonds of the City heretofore authorized by a bond resolution dated and duly adopted on December 4, 2013. The aggregate maximum estimated cost of said specific object or purpose is now determined to be $79,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to July 1, 2015 13 subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations issued therefor; d) The painting of the Stewart Avenue Bridge over Cascadilla Creek, in and for said City, at a maximum estimated cost of $80,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $80,000 of the $4,235,563 bonds of said City authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State grants- in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law; e) The City’s share of the joint activity project for improvements and renovations to the Ithaca Area Wastewater Treatment Facility, including heating, ventilating and air conditioning improvements, bar screen replacement, and installation of new dewatering equipment to complement the existing belt filter press, in and for said City, at a maximum estimated cost of $3,953,563. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $3,953,563 bonds of the $4,235,563 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; and f) Upgrades to Upper Cascadilla Creek Walkway, including stairs, sidewalk and railing in connection therewith, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $4,235,563 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19 (c) of paragraph a of Section 11.00 of the Local Finance Law; Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $4,235,563, and the plan for the financing thereof is by the issuance of the $4,235,563 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost provided in Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, July 1, 2015 14 providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Alderperson McGonigal questioned what the additional $30,000 for Lake Street Bridge was. City Controller Thayer responded that it was to cover planning and design costs. A roll call vote on the Resolution resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Aye Alderperson Clairborne - Aye Alderperson Murtagh - Aye Alderperson McCollister - Aye Alderperson Fleming - Aye Alderperson Smith – Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Martell – Absent from meeting Carried Unanimously (9-0) City Controller’s Report City Controller Thayer reported on the following: The Mayor's 2016 budget guidelines are out to departments. The guidelines include a 0% change from 2015 while incorporating applicable salary increases, which will be challenging for departments. Capital Project submissions are also July 1, 2015 15 currently being reviewed. There were approximately $20 million in capital project requests submitted. The property tax cap which was supposed to sunset in 2016 was recently extended to 2020. Assessments are up 1.7%. 52.2% of assessments are related to commercial activity and 42.7% are related to residential activity. The remaining 5.1% is other property. The amount of tax exempt property is 59.13% compared to 59.20% in 2015. The change in assessment for 2016 will be 64.40% related to physical change and 35.60% related to change in equalization. The same tax rate for 2016 as in 2015 would provide $363,143 more tax revenue dollars. A 1% tax change would equal $217,650. 2015 activity:  Sales tax: The 2015 budget for sales tax collections is $13,425,000. 2014 collections ended up at $12,433,000. After strong early collections, the last few collections have continued to be lower. They are now .9% lower than 2014 collections compared to the same time period (approximately $41,000).  Overtime: The 2015 General Fund Overtime budget is $947,000, $511,000 has been expended to date. $1,276,000 was ex pended in 2014 and was over budget by $279,000.  Building Permit revenue: The 2015 building permit revenue budget is $700,000. $814,000 has been collected to date. $843,000 was collected in 2014 on a budget of $700,000. Development in the City continues to be active. The 2015 site development fee budget is $75,000. We have collected $146,000 to date. We collected $170,000 in 2014. Normal collections are typically $20,000.  Parking: The 2015 Parking budget is $2,441,000. $1,065,000 has been collected to date. $2,076,000 was collected in 2014 out of a budget of $2,497,000. Current projections are running behind budget estimates; however, the new pay stations have been installed and will become operational after signage installation, training for staff, and public education. In addition, the new fees will go into effect with the implementation of the pay stations.  The May 2015 CPI is 0%. The 2015 CPI to date is -.1%. The 2014 CPI was 1.6%. The CPI drives the amount of the voluntary contribution from Cornell University. The change in the CPI will trigger any increase/decrease in that annual contribution from Cornell.  Mortgage tax is collected in two payments: one in May/June and another in October. The first payment was $166,312. The first payment in 2014 was $165,590. REPORTS OF COMMON COUNCIL LIAISONS: Community Police Board Alderperson Kerslick reported that Reverend Brower has resigned from the Community Police Board and recognized the various contributions he made during his work with the Board. The Board currently has 2 vacancies that they are looking to fill. Southside Community Center Alderperson Smith reported that the new Director of the Southside Community Center is Davi Mozi. In addition, a contract has been signed with Audrey Cooper who will be assisting with the Center’s programming. He further congratulated Alderperson Clairborne who was a recent recipient of the “Unsung Hero” award. July 1, 2015 16 GIAC Board Alderperson Murtagh shared his thoughts on Marcia Fort’s retirement event, noting that it really highlighted to how many people she has touched through her years at GIAC. Tompkins County Council of Government: Alderperson Clairborne shared the following information: Shared services – the Government Efficiency Report has been submitted. New York State has responded with additional questions. He explained that in order to be eligible for a property tax cap credit, municipalities have to show a 1% savings moving forward. The Health Care Consortium has achieved that. Although the municipalities within Tompkins County have a strong history of shared services, most of those initiatives don’t qualify because they have already been implemented. He further reported on a news conference that was held to share the results of a report that was conducted by Cornell University students on all of the shared services in Tompkins County and the savings that were realized. Taxicab legislation – City Clerk Holcomb reported to TCCOG on the new direction the City is heading in order to simply taxicab rates and prepare for new services that operate from mobile apps. Members of TCCOG reaffirmed their desire to continue to pursue the development of county-wide legislation and regulations for taxicabs and liveries. Community Day of Giving – Alderperson Mohlenhoff will be bringing forth a Proclamation in August. “Facilitating Effective Participation in a Heated Public Meeting” – a five hour training for all elected and appointed officials. Alderperson Clairborne reviewed the program and requested that the City consider becoming a sponsor of this initiative. He noted that there is no financial obligation for the sponsors, but there is a charge to participants. All members of Common Council affirmed their support for becoming a sponsor of this training course in Ithaca. Alderpersons Clairborne and McGonigal thanked retired GIAC Director Marcia Fort for her services and commented on what a remarkable woman she is. Alderperson Brock reported that she has been appointed to the Cayuga Lake Watershed Management Plan Committee. Alderperson Mohlenhoff thanked everyone for their efforts on tonight’s Fireworks event. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the June 3, 2015 Common Council Meeting Minutes – Resolution By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the June 3, 2015 Common Council Meeting be approved as corrected. Carried Unanimously (9-0) ADJOURNMENT: On a motion the meeting adjourned at 8:25 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor