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HomeMy WebLinkAboutMN-CC-2015-09-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. September 2, 2015 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building, Planning, Zoning & Economic Development Director – Cornish Community Development Director – Bohn Sidewalk Manager – Hathaway City Planner – Wilson PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing Regarding the Proposed Assessment Roll, Budget, And Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2016 Resolution to Open Public Hearing: By Alderperson Fleming: Seconded by Alderperson Smith RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll, Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2016 be declared open. Carried Unanimously Victoria Armstrong, City of Ithaca, thanked Common Council for the implementation of the Sidewalk Improvement District program and highlighted the improvements that have been made to city sidewalks, pedestrian access, and accessibility since its inception. Resolution to Close Public Hearing: By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That the Public Hearing Regarding the Proposed Assessment Roll, Budget, and Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2016 be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Human Services Coalition Grant for City of Ithaca’s “Creating Healthy Places Program and Its Impact on City of Ithaca Employees” Victoria Armstrong and Beverly Chin made a presentation regarding the “Creating Healthy Places Program” in Tompkins County. They noted that the program had two focus communities: the City of Ithaca and Town of Dryden. The program was designed to address the public health issues associated with obesity and diabetes. It has been established that poor nutrition and physical inactivity (major factors in these two diseases) can be addressed by lifestyle changes facilitated by a supportive community, social opportunities, and physical environments. Grant funding was used to improve various elements of the program including increasing the number of places for residents to become physically active such as community parks and recreation trails; enhancing accessibility and proximity of residential areas to recreation areas; increasing the availability of fresh fruits and September 2, 2015 2 vegetables through the creation of community gardens, promoting the use of farmers markets, introducing healthy snacks into schools and worksites, and increasing the healthful quality of foods offered for sale by working with restaurants and stores to add healthier items. Mayor Myrick and members of Council thanked the Human Services Coalition for their efforts and the programs they implemented that have directly benefitted members of city staff. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Sally Van Orman, City of Ithaca, spoke about the local property tax rates and how they are impacting her ability to stay in her home. She encouraged Common Council to implement a “homestead” property tax exemption for senior citizens. Kerman Glaser, City of Ithaca, urged Common Council to remove the proposed bike lane on North Cayuga Street due to safety concerns and the parking hardships it would cause for Cayuga Street residents. Marc Messing, Town of Ithaca, inquired as to what the City’s policies/ regulations are for their corporate partners. He stated that the Cascadilla Boat Club has retaliated against him and his family as a result of statements he has made about them. Kirby Edmonds, Chair of the Comprehensive Plan Committee, described the process that was followed to develop Plan Ithaca as Phase I of the City’s Comprehensive Plan. In addition to the preparation of the draft plan, the Committee prepared a list of its top 20 recommendations that they believe are the most important for the City to pursue. He further noted that the Committee has recommended several plans that should be prioritized for completion in Phase II of the Plan. Caroline Byrne, City of Ithaca, is also concerned about the property tax rates in the City and proposed that Cornell University increase its voluntary contribution to the City. She suggested ways to combine student, alumni, and resident resources to create a larger impact such as a petition/protest when Trustees visit Ithaca, and having the City follow- up on statements made by Cornell University regarding their impact on the community. David Kay, City of Ithaca, Vice Chair of the Comprehensive Plan Committee, thanked Common Council for their consideration regarding the adoption of Phase I of the Comprehensive Plan and encouraged their continuing support through the implementation efforts which will require the funding of projects. Fay Gougakis, City of Ithaca, voiced her disappointment regarding the lack of signage on the Commons that detail the rules of the Commons. She encouraged the City to place the language of the signs on its website to educate public, and also to change the color scheme of the signs in order to make them more effective. She further expressed concerns regarding late night noise on the Commons from events, and the playground. Ms. Gougakis further expressed her concern regarding the use of cell phones and texting while driving. Joel Harlan, Town of Newfield, spoke about historic flooding in Elmira and Corning, along with the sales tax revenues being generated in Big Flats. He further addressed issues related to economic development, tax exempt property, affordable housing, and noise. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick thanked Ms. Van Orman for her comments. He stated that New York State does not have a Homestead exemption. He noted that the City has worked to keep tax rates low and encouraged her to speak with the Tompkins County Legislature and the Ithaca City School District about keeping their tax rates low as well. September 2, 2015 3 Mayor Myrick further stated that he supports Ms. Byrne’s mission and encouraged her to share her message with Cornell University. Alderperson McCollister responded to comments made regarding high property taxes, the need for density in the City and Cornell University’s role in this. She noted that the City has been placed in a reactive role due to Cornell’s property tax-exempt status. She further commented that she would love to see a diverse demographic be sustained in Ithaca through the implementation of the Comprehensive Plan including the senior population. Alderperson Martell responded to comments made by Mr. Glaser. She noted that she supports his comments and would support a bike lane on other nearby streets but not on Cayuga Street as it is too busy/dangerous, and creates a hardship for residents. Alderperson McGonigal congratulated local apprentice pipe fitter, Jeremy Bergen, who recently won an international pipefitting competition. He noted that there are excellent trade people living and working within the Ithaca community. Alderperson McGonigal expressed his appreciation that the Cayuga Waterfront Trail is now open but agreed with comments made regarding the dangerous blind corner near Puddledockers. He noted that the Ithaca Youth Bureau is renting bicycles to people who would like to enjoy the trail on bikes. Alderperson McGonigal welcomed the residents of the Stone Quarry Apartments to their new homes and the First Ward. He encouraged them to meet their neighbors and to go forward together as a new neighborhood. Alderperson Brock also offered words of welcome to the new residents of the Stone Quarry Apartments and noted that it was nice to see the neighborhood come together at the recent neighborhood cleanup. She encouraged the new residents to join the Spencer Road listserv, and also talked about the importance of the proposed new sidewalk connections to South Meadow Street Extension and Old Elmira Road. Alderperson Brock responded to comments made about encouraging and maintaining a diverse population in Ithaca, and noted that there are many multi-generational families living together in Ithaca. Alderperson Brock responded to the concerns raised by Mr. Messing. She stated that services provided on City property should be freely accessible to all. She reported in the case of the Cascadilla Boat Club, membership requests have been denied and no boat storage has been available to people requesting them. Alderperson Kerslick noted that the upcoming budget discussions would impact property tax rates that affect both property owners and renters. He reaffirmed the high demand for housing in Ithaca. Alderperson Clairborne expressed his appreciation to those who worked on the Comprehensive Plan. He also addressed comments made about Cornell’s contribution to the City, County, and School District’s tax burden and suggested that all of the community partners work together to find solutions. He further voiced concerns about traffic issues around Spencer Road, and the Cayuga Waterfront Trail; and also how difficult it is to find affordable housing in the City. Alderperson Clairborne highlighted the recent article in the New York Times about the newly renovated Ithaca Commons and relayed a difficult race related experience his wife and daughter had while visiting the Commons. He voiced his gratitude for the community members who came out to support his wife and child and to resolve the situation. Mayor Myrick noted that the new Community Outreach Worker has intervened to provide services to the person that was involved in this situation. September 2, 2015 4 CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2015 Apple Harvest Festival – Resolution By Alderperson Kerslick: Seconded by Alderperson Martell WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of the 2015 Apple Harvest Festival; 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 Apple Harvest Festival on the Ithaca Commons, October 2-4, 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 8.2 Department of Planning, Building, Zoning and Economic Development - Amendment to Personnel Roster - Resolution By Alderperson Kerslick: Seconded by Alderperson Martell WHEREAS, on December 31, 2014, the Office Assistant position in the Building Division became vacant due to a retirement; and WHEREAS, support staff in the Planning Division, along with the Building Division Receptionist, have been managing the work in absence of the Office Assistant; and WHEREAS, the current Receptionist, has been performing work that is qualified under the Civil Service Job Description, as an upgrade to Permit Clerk; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Planning, Building, Zoning, and Economic Development be amended as follows: Add: One (1) Permit Clerk (40 hours) – Grade 6 Delete: One (1) Receptionist (40 hours) – Grade 2 And, be it further RESOLVED, That funding for this roster change shall be derived from within the Department of Planning, Building, Zoning and Economic Development’s existing budget. Carried Unanimously 8.3 Human Resources Department - Reassignment of Bargaining Unit for Recreation Maintenance Supervisor - Resolution By Alderperson Kerslick: Seconded by Alderperson Martell WHEREAS, the position of Recreation Maintenance Supervisor no longer meets the overtime-exemption criteria of the federal Fair Labor Standards Act; and September 2, 2015 5 WHEREAS, the Recreation Maintenance Supervisor position is currently assigned to the overtime-exempt Executive Association, but has a greater community of interest with the overtime-eligible CSEA Department of Public Works Unit; now, therefore be it RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is removed from the Executive Association; and, be it further RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is assigned to the CSEA Department of Public Works Unit at salary grade 9; and, be it further RESOLVED, That the increased costs associated with this reassignment shall be absorbed within the existing Youth Bureau budget. Carried Unanimously 8.4 City Attorney’s Office - Temporary Suspension of City’s Right to Demand Conveyance of Land - Resolution By Alderperson Kerslick: Seconded by Alderperson Martell WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719-725 South Meadow Street (“Restaurant”) pursuant to a lease with a term of up to thirty years; and WHEREAS, a 1951 deed refers to the right of the City to demand that a 16-foot-strip of land on the south end of that property be conveyed to the City “for street purposes”; and WHEREAS, the City has not previously demanded that the strip of land be conveyed to the City, and the Superintendent of Public Works has no plans to use the strip of land for street purposes; and WHEREAS, the “Restaurant” is to be constructed, in part, on that area and Texas Roadhouse desires to secure a commitment from the City to temporarily relinquish its right to require that a portion of the land be deeded to the City until (i) Texas Roadhouse’s lease (including any renewals of that lease) expires or (ii) Texas Roadhouse or its successors or assigns ceases to operate a business there; and WHEREAS, the Board of Public Works has determined that the area in question has no current public works purpose; and WHEREAS, in consideration for this temporary suspension, Texas Roadhouse has agreed to pay the City $33,862.58 (a valuation derived from the net present value of thirty years of license fees for the area in question), which adequately compensates the City for entering into the agreement; and WHEREAS, the City Attorney’s office and Texas Roadhouse have negotiated an agreement establishing the terms and conditions applicable to this temporary suspension; now, therefore be it RESOLVED, That the Mayor is authorized to sign an agreement temporarily suspending the City’s right to demand conveyance of the land in question in a form substantially similar to the agreement reviewed by Common Council, and take such other actions as may be required to give effect to the agreement upon the advice of the City Attorney. Carried Unanimously 8.5 Planning, Building, Zoning, and Economic Development Department – Request to Amend the 2015 Department Budget - Roster By Alderperson Kerslick: Seconded by Alderperson Martell WHEREAS, the City, on behalf of the 1st Street Mosaic Project, was awarded a grant through the Community Arts Partnership’s Grants for Arts Program to fund the second phase of the mosaic installation at the Water & Sewer Division on First Street; and September 2, 2015 6 WHEREAS, the grant funds will be used for community events and supplies; now, therefore, be it RESOLVED, That Common Council hereby accepts the Grants for Arts Program from the Community Arts Partnership in the amount of $1,200.00 and amends the 2015 Planning, Building, Zoning, & Economic Development Department’s authorized budget as follows: Increase Revenue Account: A8020-3989 Planning State Aid $1,200.00 Home & Community Increase Appropriations Account: A8020-5435 Planning Contracts $1,200.00 Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive Plan A. Declaration of Lead Agency Status– Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the comprehensive plan is a “Type I” Action under the City of Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality Review Act and is subject to environmental review; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of Plan Ithaca as Phase I of the City of Ithaca Comprehensive Plan. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca is considering the adoption of Plan Ithaca as Phase I of the City’s Comprehensive Plan; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), dated July 16, 2015; and WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County Planning Department have been given the opportunity to comment on the proposed plan, and all comments received to date have been considered; and WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance and the State Environmental Quality Review Act; 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 in the Full Environmental Assessment Form, dated July 16, 2015; and, be it further September 2, 2015 7 RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Adoption of Plan – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the Comprehensive Plan outlines a vision for the city’s future and serves as a guide for future decision-making, policies, and funding; and WHEREAS, the City of Ithaca’s existing Comprehensive Plan was completed in 1971 and has since been amended fourteen times by various targeted neighborhood and strategic plans; and WHEREAS, while some objectives of the 1971 plan and its amendments are still applicable, many are not, and both local conditions and broader national and world-wide trends that affect Ithaca have changed dramatically since then, resulting in a need for an updated comprehensive plan that addresses present-day issues and anticipates future ones; and WHEREAS, the City decided to pursue a two-phased approach to its new Comprehensive Plan, where Phase I entails the preparation of an “umbrella” plan that sets forth broad goals and principles to guide future policies throughout the city and where Phase II will include the preparation of specific neighborhood and thematic plans; and WHEREAS, in accordance with the City of Ithaca Municipal Code and New York State General City Law, the Planning and Development Board is responsible for preparing and recommending a new Comprehensive Plan to the Common Council for adoption; and WHEREAS, the Planning and Development Board established the Comprehensive Plan Committee (“the Committee”) by resolution in July 2008 and charged the Committee with the following responsibilities regarding the preparation of a proposed, new comprehensive plan: a) Preparing and approving a request for qualifications (“RFQ”) for a consultant team to assist with Phase I of the development of the proposed, new City of Ithaca comprehensive plan; b) Reviewing the responses to the RFQ, conducting interviews of consultant teams, and making a recommendation of a consultant team to the Planning and Development Board, Mayor, and Common Council for their respective approvals; c) Overseeing the preparation of a draft of Phase I of the proposed, new comprehensive plan, by coordinating the work of staff and the selected consultant team, ensuring the level of public outreach and engagement necessary to reflect community goals, and making progress reports to the Planning and Development Board and Common Council (periodically and as requested); and d) Approving a draft of Phase I of the proposed, new comprehensive plan for review and acceptance (with possible modification) by the Planning and Development Board, recommendation by the Planning and Development Board to Common Council, review and approval (with possible modification) by Common Council’s Planning and Economic Development Committee, and adoption by Common Council; and September 2, 2015 8 WHEREAS, public input has been a priority for the Committee throughout the planning process, and the Committee made efforts to gather community input at various stages of the plan’s development; and WHEREAS, the Committee worked with a consultant on the initial phase of public outreach and on the preparation of two background reports that would inform the preparation of the new plan, but following the completion of these tasks, the City decided to move forward without the consultant team; the remaining work on the draft plan was completed by the Committee and staff; and WHEREAS, using comments from the initial public outreach, as well as data on existing conditions and trends, subcommittees of the Committee (known as “chapter groups”) and staff created an overall vision for the City and goals for the sections of each chapter; and WHEREAS, a series of focus group meetings were held to get comments on the goals for each section of the plan, as well as ideas for implementation, and the chapter groups and staff used this feedback to draft each of the plan’s chapters; and WHEREAS, at the same time, the full Committee prepared the plan’s land use chapter and held public workshops in April 2014; and WHEREAS, the complete draft Phase I plan, Plan Ithaca, was made available for public review in April 2015, and the Committee held eight open houses to get public comments on the draft plan; and WHEREAS, the Committee revised the draft plan to incorporate new public input, and at its meeting on June 15, 2015, the Comprehensive Plan Committee voted to recommend the draft Plan Ithaca for review and consideration by the Planning and Development Board as Phase I of the Comprehensive Plan; and WHEREAS, the Planning and Development Board held public comment on the draft Plan Ithaca at its meeting on June 23, 2015 and reviewed the draft at a special meeting on June 30, 2015, where it recommended it for adoption by the Common Council as Phase I of the Comprehensive Plan; and WHEREAS, following the July 2015 Planning & Economic Development Committee meeting, the draft Plan Ithaca was circulated for additional comment, and a new draft, dated August 6, 2015, was prepared that incorporates many of the submitted comments; and WHEREAS, the draft Plan Ithaca was submitted for review 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 WHEREAS, a public hearing for the adoption of the plan was held on August 12, 2015; and WHEREAS, the Common Council has considered the draft Plan Ithaca as recommended by the Comprehensive Plan Committee and the Planning and Development Board; now, therefore, be it RESOLVED, That the Common Council hereby adopts Plan Ithaca, dated August 6, 2015, as Phase I of the Comprehensive Plan; and, be it further RESOLVED, That this Comprehensive Plan shall serve as a guide for future decisions made by Common Council, City boards and committees, and City staff; and, be it further RESOLVED, That Common Council shall establish regular reviews and updates of the Comprehensive Plan every five years. September 2, 2015 9 Alderperson Brock questioned if the version of the Plan that is being voted on reflects the changes that were made after the August 6, 2015 version was distributed. City Planner Wilson responded that the only changes that have been incorporated into the August 6th version were non-substantive comments that Alderperson McGonigal shared via e-mail prior to August 6th. Alderperson Brock stated that she appreciates the tremendous amount of work it has taken to keep the Plan moving forward. She stated that she is excited about this Plan as it puts forward a lot of very ambitious goals for the community; some subtle changes, but some significant changes. She stated that she realizes that the Plan is just a guide and the next step is to reach out into the neighborhoods and further develop area specific plans. That is something she is very interested in. She acknowledged however, that the adoption of the Comprehensive Plan vs. an endorsement or acceptance of the Plan is a statement that the Plan is a shared vision that the City seeks to have implemented. She voiced her trepidation about the possible impacts of the Plan based on the recent development of the Stone Quarry Apartment Project. She noted that the Plan was put forward as a justification for the size and the massing of the housing project prior to its adoption, and it highlighted the dangers of Phase I of the Plan being adopted without the Phase II neighborhood specific plans being in place. She stated that she has mixed feelings about the Plan as the City needs more quality jobs and quality housing. That housing should support neighborhoods without overwhelming them. Although the Plan states in many places that housing should be consistent and not change the character of neighborhoods; it has already been used in ways to impart significant change. She stated that she looks forward to the next few years as they will be integral in seeing how this Plan moves forward. Alderperson Fleming thanked City Planner Wilson for all of her work. She read the following statement: “The comprehensive plan is well - written and interesting to read and addresses almost every imaginable aspect of the City. It’s an important and valuable and clear document. I was disturbed, however, at the frequent references to the need for growth. There is certainly room for growth in the City in some notable vacant or underutilized spaces, but we should be careful to think about what kind of growth we seek and why. I am opposed to growth for its own sake. It doesn't bother me that the City's population has not gown as rapidly as the County's. I like living in a small uncrowded City and I think that many others value Ithaca's size as well. Because of Cornell University the City of Ithaca will always be a cultural hub. Adding more people will not make it more so. One reason we are compelled to grow is to broaden the tax base so that the increasing cost of providing services will be borne by more people. By some estimates, if Cornell had to pay property taxes to the City it would pay about $23M per year. According to the current MoU, Cornell pays about $1.25M per year, most of which is designated for fire services. I grant that Cornell provides stable employment with generous benefits to thousands of of Ithacans, including myself, and offers free amenities such as access to the Plantations, lectures, and concerts. With that in mind let's suggest that it would be fair for Cornell to offer the City about half of what they might owe if they paid taxes, or about $10M. Such a contribution would free the City to do so much of what we envision without having to grow in uncomfortable ways. But since that sum is not forthcoming, we are forced to think of ways to increase revenue in other ways. I think that the reason we are doing this should always be clear and we should not allow Ithaca to be so crowded that it is no longer pleasant to people who intentionally seek out small less - dense cities with a cosmopolitan feel. September 2, 2015 10 There were also references throughout the plan to the need to make Ithaca attractive to visitors and tourists. When my family and friends visit there is no shortage of things to see and do and they leave exhausted and happy. In my mind, we want more tourists not for their own sake but because we hope they will spend money. We should be mindful of this and not enhance opportunities for tourists that detract from the pleasure and peace of residents. Finally, I was puzzled by an argument, which I've seen before, that the City does a poor job of housing people with low incomes. If the percentage of families living in poverty in Ithaca is higher than the percent living in poverty in the rest of the County doesn't this show that the City does in fact do a good job of offering affordable housing? And if we develop more affordable housing, wouldn't more low-income people move into it, thus raising even further the percent of low-income residents in the City? The Plan sets out a lot of goals, some of which may be conflicting. It's a great outline of all aspects of planning and preserving our City. What is not clear to me is how we will prioritize the goals and make decisions in light of those priorities. But I hope that at every point we articulate the reasons for our decisions and acknowledge the constraints under which we work.” Alderperson McCollister stated that she agrees with many of Alderperson Fleming’s comments, specifically the ones regarding creating an overcrowded environment for city residents and becoming a victim of our own success. She stated that she fully supports the Plan and lauds the work of City Planner Wilson and the Planning Division staff, and the members of the Comprehensive Plan Committee. She voiced her concern however, that the Plan is somewhat reactive by definition as Cornell University is a driver of so much that happens both positively and negatively. She further stated that there may have been a missed opportunity to think more broadly about intermunicipal consolidation and shared services. Unfortunately each municipality in the County is still implementing their own plans and through their individual nature, those plans tend to pit municipalities against each other. Alderperson Kerslick responded to comments made about growth, stating that he does not consider the Plan as being complete. He voiced his appreciation for the work of the Committee and City staff, noting that it puts the City in a proactive position in terms of growth and development. He agreed that the City needs to do a better job of coordinating with other municipalities within the county, as much of the growth that has been occurring has been outside of the City. Whereas the population of the City has remained relatively steady; many of the stresses and demands for services related to growth are focused on the City. He highlighted the need for improved cooperation with the County as City residents also pay County property taxes, and the City should have a better understanding of how those taxes/resources are distributed. He also agreed that Cornell University has a role to play as they are growing and have a new Tech campus; noting that the City has been trying to accommodate the needs of a world class institution on a very small operating budget. He stated that the City should identify the type of growth wanted through this Plan with it being more detailed in Phase II of the project. Alderperson Kerslick further voiced concern regarding the last Resolved clause which states that “a review would be established every 5 years”. He noted that it is a very short time period for this size of a project, and the language is not specific regarding who would conduct the review. He recommended a friendly amendment that would read “Common Council shall establish regular reviews and updates of the Comprehensive Plan every five years.” City Planner Wilson responded that the review is not meant to be a full blown rewrite of the Plan, but an update of the City’s goals, recommendations, collected data, accomplishments, etc. She further responded to comments made about growth, stating that no one envisions growth for the sake of growth; however, the City’s goal is to provide opportunities for those who want to live in the city and have access to city services. September 2, 2015 11 Mayor Myrick addressed comments made about affordable housing needs. He noted that this is an unusual Comprehensive Plan as it was written more by the community itself than the consultants and staff. Alderperson Murtagh addressed comments made regarding rapid growth, noting that Ithaca is in a period of change. He lauded the work that went into the Plan that will ensure that development projects are compatible with the built environment, Ithaca’s history, architecture, culture, and preservation efforts. He stated that the Plan seems very balanced, and reflects the fact that the community is trying to grow responsibly. Alderperson McGonigal stated that he was encouraged by the comments made by his colleagues, noting that he shares their concerns. He appreciates fact that the Plan is not the “Ten Commandments”; however it is a listing of ideas that will be prioritized as appropriate. In terms of density, he feels that each project should be evaluated by the scale of project and how it fits on the site. He noted that as property values grow, so do property taxes and that is not always a good thing for working class people who are struggling to stay in their homes. Alderperson Clairborne thanked staff and the Committee for all of their work on this Plan. He stated that the Plan has sparked a conversation, noting that the structure is built and now the conversation needs to continue in order to fully implement this Plan; noting that Phase II of the Plan will take the concepts that are listed in the Plan and build forward. He further noted that additional housing does not always impact rents in a manner that benefits renters as new “market rates” tend to be set that are usually higher. He voiced his concerns regarding the potential of gentrification of neighborhoods and losing levels of community diversity. Alderperson Smith echoed comments made regarding maintaining the cultural fabric of community. He referenced a conversation he had with a Collegetown housing developer, noting that they do not carry vacancy rates. This highlights the fact that additional housing is needed; however, the City should identify areas that can accommodate additional growth so that it does not negatively impact our neighborhoods. Alderperson Mohlenhoff noted that she has been working with the Comprehensive Plan Committee for many years and feels that enough thanks cannot be expressed to the Planning Division staff and all of the volunteers that dedicated years of work toward this Plan. She stated that the Comprehensive Plan is meant to be a living, breathing, and evolving document, and she is very excited to see next phase of this Plan begin. City Planner Wilson stated that she would like to bring the recommendations of the Comprehensive Plan Committee to next week’s Planning & Economic Development Committee meeting to determine where to begin the Phase II process. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 Agreement with Ithaca Neighborhood Housing Services (INHS) for Future Improvements to Lake Avenue and Eastern Portion of Adams Street – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) in 2014 purchased the parcel known as 210 Hancock Street and began seeking community and Planning Board input; and WHEREAS, based on this input, INHS has proposed a development plan of the 210 Hancock parcel that includes improvements to Lake Avenue for a pedestrian and bicycle pathway and incorporation of a playground structure in the eastern section of Adams Street; and WHEREAS, City staff is generally supportive of the development plans proposed by INHS, and INHS is in the process of obtaining site plan approval; and September 2, 2015 12 WHEREAS, INHS has agreed to construct and maintain such improvements at its cost in accordance with City specifications affording City vehicles the ability to continue to access the creek through the improved site as needed for public works or safety purposes; and WHEREAS, the improvements and land underneath such improvements shall be the property of the City, and will be open to the public; and WHEREAS, INHS has agreed to be responsible for maintenance and liabilities resulting from use of the improved site, except for any liabilities which are caused by the City’s negligence or willful misconduct, which shall be the City’s responsibility; and WHEREAS, in consideration for these agreements, the City has agreed to seek discontinuance of Lake Avenue and the eastern portion of Adams Street; and WHEREAS, the discontinuance process will require environmental review, public comment, and discretionary approval (or denial) by the Board of Public Works; and WHEREAS, INHS has asked for an agreement from the City that it commits to seek discontinuance in order to satisfy certain requirements related to the Low Income Housing Tax Credits that INHS is seeking; now, therefore be it RESOLVED, That the Mayor is authorized to execute an agreement with INHS substantially similar to that included herewith, and for a term not to exceed fifty (50) years, concerning the use of Lake Avenue and the eastern portion of Adams Street. Alderperson Brock commented that the agreement lacks a clause that would allow the City to reclaim use of the land. City Attorney Lavine stated that the city would have a tremendous amount of control of the space during the 50 year term of agreement; however, it does not contain an at-will termination clause. He noted that this piece of land will have a very public use and he supports the agreement. A vote on the Resolution resulted as follows: Carried Unanimously DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ITHACA AND ITHACA NEIGHBORHOOD HOUSING SERVICES, INC. THIS AGREEMENT, entered into the _____ day of ____, 2015, between the CITY OF ITHACA (“City”) and ITHACA NEIGHBORHOOD HOUSING SERVICES, INC. (“INHS”). WHEREAS, a. INHS has acquired the property known as 210 Hancock Street and 423 First Street, City of Ithaca (the “INHS Property”) and intends to redevelop the INHS Property into a mixed use residential project (the “Redevelopment Project”); b. INHS has proposed certain improvements to City-owned land as a part of the Redevelopment Project, and the City is supportive of such improvements; c. As a condition of site plan approval for the Redevelopment Project, INHS will commit to construct and maintain pedestrian and bicycle paths and a play structure on a portion of Lake Avenue and Adams Street (collectively the “Street Parcel”) as shown on the attached survey map, and to uphold all other obligations under this Agreement; d. The City owns the Street Parcel and has agreed to seek the discontinuance of those portions of Lake Avenue and Adams Street for vehicular traffic so that the Street Parcel can be used in the Redevelopment Project as described herein and subject to the terms and conditions of this Agreement; and September 2, 2015 13 e. In consideration of the mutual covenants and agreements in connection with the Redevelopment Project, the Parties agree to the terms and conditions set forth herein. NOW THEREFORE IT IS HEREBY AGREED THAT: Term 1. This Agreement shall be for a term of fifty (50) years commencing on the date upon which all of the following conditions have been fulfilled: a. Site Plan Approval, b. Receipt of Notice of Award of Low Income Housing Tax Credits for the Redevelopment Project, and closing on all financing necessary to construct the same, c. Satisfactory completion of the discontinuance process for the Street Parcel. 2. In the event that the conditions stated in paragraph 1 have not been fulfilled within three years of execution of this Agreement, this Agreement shall terminate. 3. Upon termination, INHS shall be relieved of further responsibility for maintenance and repair of the Street Parcel, and shall have no rights to the same as distinct from members of the public. INHS Obligations 4. INHS shall timely apply for site plan review approval pursuant to City requirements for the Redevelopment Project. The proposed site plan shall include community paths for public use on the Street Parcel and a community play structure on the former Adams Street parcel. The design and layout of the paths and the play structure, including landscaping and trash receptacles and the items set out at Section 7, shall be presented and approved as part of the site plan for the Redevelopment Project. INHS acknowledges that the adherence to the terms and conditions of this Agreement shall be a condition of site plan approval by the Planning Board of the City. 5. The community paths and play structure may be used by the public during the hours between 5:00 a.m. and one-half hour after sunset, and by the City, for municipal purposes, at any time. 6. The construction and maintenance of the community paths and play structure shall be the sole responsibility of INHS. Without limitation of the foregoing, but as clarification and in addition a. INHS will maintain at its own expense the improvements approved of in the site plan on the Street Parcel, including but not limited to the paths and play structure, in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the City, such that no hazard is posed to the public from the public’s use of or proximity to the same, and will repair damage and defects in such improvements, as provided in this Agreement. b. INHS will provide custodial and landscaping services to maintain the appearance of the improvements, including trash removal and routine care of vegetation in the improved area as described by the site plan and in accordance with City exterior property maintenance ordinance. c. INHS will plow the paths clear of snow to the City’s reasonable standard and in compliance with the City’s exterior property maintenance ordinance, or will contract for the same. d. INHS shall maintain all improvements and all land within the Street Parcel. INHS shall not be responsible for maintaining land outside the surveyed boundary of the Street Parcel. e. INHS will not have a duty to repair damages and defects caused by the City’s use of the Street Parcel. For purposes of this clause, the public’s use shall not constitute the City’s use. September 2, 2015 14 7. The design of the community paths and play structure shall be subject to the approval of the Superintendent of Public Works to assure that City emergency and maintenance vehicles have access to the adjoining creek. Final details shall be as set forth in the site plan approval, but shall include the following: a. The main path on the former Lake Avenue parcel shall be 10 feet wide, so as to allow use and access by City vehicles as part of the City’s maintenance duties. It shall be made of materials strong enough to support the stress of City maintenance vehicles. b. The site plan shall delineate the turning radius for a snow plow at the intersection of Adams Street and Alice Miller Way. This radius shall set the boundary of property maintenance responsibilities between the City and INHS in that area. This radius will set the boundary for the portion of Adams Street that the City will seek to discontinue. These boundary lines are shown on the attached survey. c. A fence, hedgerow or other demarcation as approved in the site plan shall be installed along the property line between the INHS Property and the Street Parcel. 8. INHS shall obtain at its expense a survey to show the location of all improvements and the lines delineating the property which is under INHS maintenance and that which is under City maintenance duties. City Obligations 9. The City will remain the owner of record for the Street Parcel. In the unlikely event that the Street Parcel is classified by Tompkins County as taxable, any amounts due for taxes or assessments shall be paid by the City. 10. The City is responsible for the creek bank. INHS shall not be responsible for maintenance of trees or other vegetation on the bank, or otherwise outside the surveyed boundary of the Street Parcel. The City shall maintain lighting, likely comprised of pre-existing on-site fixtures, and the utility cost of lighting along the property. 11. The City has the right to use the Street Parcel to access the creek, canal, embankments and walls, or for any other reason, including by any vehicular or mechanical means selected by the City. 12. The City will provide timely notice to INHS of any damage or defects to the Street Parcel and its improvements. INHS further agrees to repair or remove any such damage or defect, as directed by the City except for damage or defect caused by the City. In the event of INHS’s failure to effect such repair or removal, after notice from City to do so, the City may carry out the same and charge INHS for such cost, plus a 25% administrative charge. 13. The City shall be the sole owner of the improvements, and may in its sole discretion alter, remove, or destroy the improvements, at its own expense. If the City alters the improvements, including all paths, INHS obligations under this Agreement shall continue to such extent as those obligations are substantially similar in substance and scope to the obligations herein agreed, provided that the public use of the paths continues to be solely for pedestrian and bicycle access. The City shall provide INHS with notice at least ninety (90) days prior to substantially and intentionally altering, removing or destroying the improvements, permitting INHS to provide comment on such plans. 14. Notwithstanding the foregoing paragraph, the City may not during the term of this Agreement alter remove or destroy the play structure. Any damage to the play structure caused by the City shall be promptly repaired at the City’s expense. September 2, 2015 15 15. The City may close public access to the Street Parcel and improvements as necessary to work on the creek, canal, embankments or walls or for safety hazards posed, or on any other safety hazards posed on the Street Parcel. This restriction may limit the access of residents living in the INHS-constructed townhomes. 16. Except in the case of emergencies, the City will give notice to INHS and, as feasible, the residents of the Redevelopment Project of any substantial closures, repairs, and maintenance that it plans to perform. 17. Contingent upon the execution of this Agreement and the site plan approval for the Redevelopment Project, the City shall diligently and in good faith pursue the discontinuance process for the Street Parcel, with ultimate discretion to complete or not complete the discontinuance vested solely in the City. 18. Notwithstanding any other provisions herein, the Agreement contained herein may be revoked or modified by the City (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month’s notice that the Superintendent of Public Works has determined that INHS has failed to comply with any substantive term herein, and that INHS has not cured such breach within the notice period. Indemnification, Liability, and Insurance 19. INHS shall defend, indemnify, and hold harmless the City from any claims, damages, costs, and expenses arising from or in connection with physical injury (up to and including death) sustained on the Street Parcel, unless caused by defects in the property that are (a) caused by any negligence or willful misconduct on the part of the City, or (b) as to which the City received prior written notice, as defined in Section C- 107 of the City of Ithaca Charter, but then failed to so inform INHS within one week of receipt thereof. 20. The City shall defend, indemnify, and hold harmless INHS from any claims, damages, costs and expenses arising out of defects in the property (a) to the extent solely caused by negligence or willful misconduct of the City. 21. When INHS and the City have both contributed to liabilities incurred by the Parties, each will indemnify the other in proportion to its respective responsibility for the act or omission that gave rise to such liability, except that the City’s responsibility under this paragraph shall extend only to its negligence or willful misconduct. 22. Notwithstanding any other provision of this Agreement, in no event shall the City be required to defend, hold harmless, or indemnify INHS or any other party from suits, actions, damages, liability, or expense which, had it been asserted against the City directly, would not have necessitated the City either to defend on the merits or to incur the resulting liability under applicable law. 23. At all times that the Agreement is in effect, including during construction of the improvements, INHS shall provide proof of commercial general liability coverage in the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate, and umbrella coverage of $5,000,000, and as revised by the City from time to time. The insurance policies shall include the City of Ithaca as an additional insured. INHS shall also provide proof of compliance with statutory Worker’s Compensation and Disability coverage requirements. September 2, 2015 16 Miscellaneous 24. The City may add any unpaid fees, reimbursements, penalties or other amounts INHS owes the City by virtue of INHS’ obligations and responsibilities under this Agreement to the tax bill of the INHS Property. 25. Except as otherwise set forth in this Agreement, the Parties shall bear their own costs and expenses, including engineering fees, legal accounting, and fees incurred in connection with the negotiation and preparation of this Agreement and any subsequent exercising of rights or performance of obligations set forth in this Agreement. In the event that a party is determined by a court of competent jurisdiction to be in breach of any of the substantive terms of this Agreement, the party found to be in breach shall be liable for the costs and reasonable attorneys’ fees of the party that asserted and prevailed upon such claim. 26. The use by INHS of the above-described property of the City does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the City, but is and shall continue to be only a use by sufferance of said property of the City, as evidenced by a duly executed and current Agreement. 27. This Agreement supersedes all prior Agreements, understandings, and communications between the Parties, whether oral or in writing, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except by a writing signed by all Parties. The waiver by a party of its rights under this Agreement or of a breach by any other party shall not constitute a waiver of any other rights under this Agreement or of any future breaches by any party. 28. If any part, paragraph, or portion of this Agreement is held to be void, invalid, inoperative, or unenforceable for any reason, such provision shall be deemed severed and the remainder of this Agreement shall not be impacted and shall continue in full force and effect, unless to do so would fundamentally contravene the present valid and legal intent and purpose of the Parties. The Parties agree that each and every provision that is deemed by a court of competent jurisdiction to have been required by law to be included in this Agreement shall be deemed to be inserted herein and shall have the same force and effect as if it were actually inserted. 29. This Agreement may not be assigned by either party without the express written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, INHS may assign the Agreement to any entity in which it holds a controlling interest or serves as the managing member of and which becomes the owner of the INHS Property. This Agreement is not intended to benefit any third-party, and no person or entity who is not a party shall be entitled to enforce any of the rights, interests, or obligations of a party to this Agreement. 30. This Agreement shall be governed by the laws of the State of New York. Any action or proceeding relating to this Agreement shall be venued in a court of competent jurisdiction that is located in the County of Tompkins. 31. All notices required by this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, personal delivery, or facsimile at the following addresses: To the City: Mayor and City Attorney City of Ithaca 108 East Green Street Ithaca, NY 14850 September 2, 2015 17 To INHS: Executive Director 115 West Clinton Street Ithaca New York, 14850 32. The terms and provisions of this Agreement shall be binding upon the heirs, successors, distributees and assigns of the parties hereto. CITY ADMINISTRATION COMMITTEE: 10.1 Authorization to Enter Into Agreement with Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years A. Declaration of Lead Agency Status– Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such review, in accordance with state and local environmental law; and WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or carrying out the proposed action; and WHEREAS, the proposed action is execution of a Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, which is an “Unlisted” Action pursuant to CEQRO, thereby requiring environmental review; and WHEREAS, Tompkins County has conducted a separate environmental review on their authorization to execute the proposed MOU; and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself as lead agency for the environmental review of this proposed action. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, the Common Council is considering execution of a Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU; and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action; and WHEREAS, the proposed action is categorized as an “Unlisted” action under the City Environmental Quality Review Ordinance (CEQRO); and WHEREAS, each housing project assisted through the Housing Fund program will undergo a separate environmental review as a condition of receipt of financial assistance; and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it September 2, 2015 18 RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed action will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Carried 9-0 Alderperson Kerslick absent from the vote C. Authorization for Agreement - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Fleming WHEREAS, on April 1, 2009, the Common Council authorized the Mayor to execute a Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to establish the Housing Fund to provide financial assistance for the creation of affordable housing units as recommended in the Common Council-endorsed 2007 Housing Strategy for Tompkins County (Housing Strategy); and WHEREAS, the Housing Strategy recommended implementation of the following initiatives to produce new housing for lower and middle income households in close proximity to services, jobs and transit: 1. Inclusionary and incentive zoning 2. Community housing trust fund 3. Employer assistance 4. Housing affordability fund; and WHEREAS, per the 2009 MOU, the parties agreed to the following minimum funding contributions over six years: $1,200,000 Cornell University $600,000 Tompkins County $600,000 City of Ithaca $2,400,000 Total, and WHEREAS, over the first six years of the program, 124 affordable housing units have been constructed and an additional 80 housing units have been awarded competitive funding and are expected to be constructed; and WHEREAS, Ithaca continues to experience a severe housing affordability problem where 56% of all renter households, and 21% of homeowner households, are financially stressed by paying more than 30% of income for housing; and WHEREAS, the 2009 MOU expires in 2015 and the program will terminate without renewed funding commitments; and WHEREAS, the Housing Fund is managed by the Program Oversight Committee made up of three representatives from each signatory; and WHEREAS, the Program Oversight Committee recommends continuation of the program; and WHEREAS, Tompkins County and Cornell University have indicated they are committed to continue to fund and participate in the program for an additional six-year terms, contingent upon City of Ithaca participation; and WHEREAS, a new 2015 MOU has been developed whereby Tompkins County, the City of Ithaca and Cornell University would fund the program an additional six years at the original minimum funding levels contained in the 2009 MOU; and WHEREAS, the 2015 MOU changes the program’s name to the “Community Housing Development Fund” from the “Housing Fund” to clarify its purpose; and September 2, 2015 19 WHEREAS, the City’s 2015 contribution of $100,000 to the Community Housing Development Funds was authorized as a capital project in the FY2015 City of Ithaca budget; and WHEREAS, environmental review of this matter has been has been completed; and WHEREAS, the City Administration Committee reviewed this matter at their August 19, 2015, meeting and recommend the following; now, therefore, be it RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to execute the 2015 Memorandum of Understanding with regard to the Community Housing Development Fund among and between the City of Ithaca, the County of Tompkins and Cornell University; and, be it further RESOLVED, That upon full execution of the MOU, the City’s annual funding commitment under the MOU will be derived from an annual appropriation included the municipal budget and/or from authorization of a capital project(s), as determined by Common Council; and, be it further RESOLVED, The Mayor is authorized to accept any revisions to the 2015 MOU that do not substantially or materially alter its intent or substance; and, be it further RESOLVED, That any funding award of City of Ithaca funds provided pursuant to the MOU for a specific housing project shall be separately approved by the Common Council prior to disbursement from the Community Housing Development Fund. Alderperson Brock questioned the types of housing that is eligible for this funding. Community Development Director Bohn explained that the Community Housing Development Fund has always been open to both owner-occupied and rental housing. He noted that there was a financial incentive for owner occupied housing developments; however, awards have been a mix of both types of housing along with mixed housing projects. He described the process for approvals and stated that the awarded projects depend on developers coming forward and responding to the RFP. Alderperson Brock voiced her preference that the City’s contribution be folded into the operating budget and not be part of capital borrowing. Alderperson Clairborne voiced his appreciation for the program noting that it has been a good partnership with the County and Cornell University. He further thanked Community Development Director Bohn for all of his work on this committee. Alderperson Kerslick questioned how interested developers would learn about changes being made to the program. Community Development Director Bohn explained that the Tompkins County Planning Department works directly with the developers as the application is demanding and requires a lot of detail. He noted that showing successes is best way to demonstrate the benefits of the program and to get different/additional developers involved with the program. A vote on the Resolution resulted as follows: Carried Unanimously 10.2 Mayor - Approval of a New Bus Service in the City - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson McCollister WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand on any City street, nor shall such bus pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council or its designee; and WHEREAS, the Department of Public Works has received an application from Big Red Bullet, LLC to operate a transit service between Ithaca and New York City, including stops in the City; and September 2, 2015 20 WHEREAS, Tompkins Consolidated Area Transit (TCAT) has expressed concerns about the two proposed bus stops, namely in front of the Performing Arts Center and the East Seneca Street bus stop; and WHEREAS, TCAT and staff have recommended use of the south curbline of East Green Street, immediately east of the pedestrian signal, staff has discussed the option with the representative of Big Red Bullet, who is in agreement with this location; and WHEREAS, the applicant and staff have not yet found an acceptable alternate location in Collegetown, but are both willing to continue working on a possible location; now, therefore be it RESOLVED, That Common Council approves of the use of the East Green Street location and the related proposed City streets; and, be it further RESOLVED, That Common Council delegates the authority to approve a second location for passenger pick up and discharge to the Board of Public Works, should the applicant and staff find an acceptable alternate location in Collegetown, after consultation with TCAT. Discussion followed regarding the Big Red Bullet’s business plan and the unmet need within the community. Alderperson Brock shared accessibility concerns expressed by the Disability Advisory Council about the Cornell University Shuttle Bus to New York City and asked if this service would be accessible for people with disabilities. Mr. Nichols responded that people would need to make arrangements two days in advance, but some of the buses will be outfitted with wheelchair lifts and other accessible amenities. Big Red Bullet, LLC works with a company that charters buses so the advanced notice is needed to make arrangements for the appropriate buses. Further discussion followed on the location of the bus stop and the City’s existing bus service policy. A vote on the Resolution resulted as follows: Carried Unanimously City Controller’s Report City Controller Thayer reported on the following:  2016 budget development is ongoing – departmental meetings have been completed  The City is facing a $750,000 budget gap – deficit drivers include labor costs and fringe benefits; debt costs; and departmental operations. These costs are offset by property taxes; permit revenues; State Aid; and other revenues. Health insurance costs are rising 4% in 2016; Pension figures should be in soon and there is an anticipated reduction in costs. The 2016 Property tax cap is .73%; it will be 2% with growth factored in. Assessments are up 1.7%  2015 Activity: Sales tax is currently running .8% below 2014 figures (approximately $57,000). Good feedback has been received from the Commons merchants upon completion of construction.  Overtime – $717,000 has been spent of the $947,000 budget; this line is on pace to exceed the budget.  $843,000 has been collected in building permit revenue; $700,000 was budgeted. September 2, 2015 21  $1.4 million has been collected in parking revenue; $2.4 million was budgeted – this line is on pace to fall below budget but the new technology is showing positive results. Discussion followed on the floor regarding the parking system: rates, revenue projections, public education, neighborhood parking, the Parkmobile Phone App, the number of pay stations in place and the plan to deploy additional pay stations in 2016. NEW BUSINESS: Mayor Myrick thanked everyone who joined the Commons celebration, and the completion of the Cayuga Waterfront Trail. He noted that there are six more ribbon cuttings tomorrow for various businesses and projects. REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works Alderperson Fleming reported that she would share the comments made at the Board of Public Works meeting regarding Cayuga Street bike lane issue. She further reported that the Engineering Division gave two very good presentations: Analysis of segments of streets by condition Retaining wall study by condition She further noted that a petition has been received by the residents in the Giles Street / Bridge Street neighborhood requesting a change in parking regulations due to the issues they’ve been having related to the use of the Second Dam. TCCOG Alderperson Clairborne reminded everyone of the upcoming training “Facilitating Effective Participation in the HEATED Public Meeting” on Friday, September 18, 2015 from 11:30 am – 5:00pm that is being sponsored by TCCOG, CDRC, the City of Ithaca, and the Towns of Ithaca, Dryden, and Caroline. Access Oversight Committee Alderperson Clairborne reported that the digital PEG television channels have been changed as follows: 97-3= channel 13 public access has been moved to 97-1 97-4= channel 15 government access has been moved to 97-3 97-5= channel 16 educational access has been moved to 97-2 97-6= City of Ithaca channel has been moved to 97-4 97-7=SCOLA Those watching PEG channels with a cable box or with a digital adapter will still find the PEG channels in their regular channel locations (13, 15,16). Giving is Gorges Alderperson Mohlenhoff reported that the Giving is Gorges initiative raised over $118,000 and benefited 120 not-for-profit agencies in Tompkins County. She thanked the community for their generosity. REPORT OF CITY ATTORNEY: Motion to Enter into Executive Session to Discuss Pending Litigation By Alderperson McCollister: Seconded by Alderperson Clairborne RESOLVED, That Common Council enter into Executive Session to discuss pending litigation. Carried Unanimously September 2, 2015 22 Reconvene: Common Council reconvened into Regular Session with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the August 5, 2015 Common Council Meeting Minutes – Resolution By Alderperson Clairborne: Seconded by Alderperson Smith RESOLVED, That the minutes of the August 5, 2015 Common Council meeting be approved as amended. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor