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HomeMy WebLinkAboutMN-CC-2019-12-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. December 4, 2019 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Community Development Director – Bohn Senior Planner - Kusznir Transportation Engineer - Hathaway Human Resources Director – Michell-Nunn Fire Chief – Parsons Chief of Staff - Cogan PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Individual Member Filed Resolution Alderperson Mohlenhoff requested the addition of Item 11.1 to the agenda: Agreement between the City of Ithaca and the Town of Ithaca for Building Permitting, Inspection, and Related Services for the Cornell University Friedman Wrestling Center Addition . No Common Council member objected. Consent Agenda Alderperson Brock requested that Items 8.10 and 8.13 be removed from the Consent Agenda and be added as Items 10.1 and 10.2 under the City Administration Committee agenda. Alderperson Kerslick requested that Item 8.3 be removed from the Consent Agenda and be added as Item 10.3 under the City Administration Committee agenda. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of 2019 Pride of Ownership Awards: Mr. Frost Travis and members of the Rotary Club presented the following 2019 City of Ithaca / Ithaca Rotary Club Pride of Ownership Awards for the following properties:  323 Taughannock Boulevard – Boat House Landing  319 Pleasant Street  324 E. State/MLK Street – The Canopy Hotel  105 Dearborn Place – Bridges at Cornell Heights – The Craftsman  433 W. Buffalo Street  301 E. State/MLK Street – City Centre  238 Linden Avenue These awards recognized the owners of properties, located within the City of Ithaca, who developed projects or maintained their properties in ways that enhanced the physical appearance of city neighborhoods and commercial areas. December 4, 2019 2 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Brett Bossard, Executive Director of Cinemapolis, voiced his support for the approval of the proposed Disposition and Development Agreement for the west and center sections of the Green Street Parking Garage. He stated that the Vecino Group has been supportive and proactive in sharing the potential impacts of the project on the operations of Cinemapolis, and he expressed his excitement to work with them on this downtown destination centerpiece. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to comments made by Mr. Bossard, noting that part of the reason the Vecino Group was selected was because of their strong track record in other municipalities. He stated that Cinemapolis is a community treasure and he is glad to hear that the relationship between the two entities is strong. Alderperson Kerslick recognized and voiced his appreciation for the work of Marion DaGrossa, a former member of the Community Police Board. He stated that Ms. DaGrossa was a long-time resident of Ithaca and a teacher in the local schools. She very much appreciated and enjoyed the work she did on behalf of the Community Police Board in strengthening relationships between the Ithaca Police Department and the community. He shared details for Ms. DaGrossa’s memorial service on Saturday, December 7, 2019. Alderperson Nguyen thanked the Department of Public Works crews for their efficient snow removal efforts during the last snowstorm. Alderperson Mohlenhoff also extended her thanks to the Department of Public Works and reminded everyone that the Mobility, Accessibility, and Transportation Commission is conducting a survey regarding snow and ice removal from sidewalks. She asked everyone to share this information through out their networks and noted that the survey completion deadline is Friday, December 6, 2019. Alderperson Lewis extended her thanks to the TCAT bus system for moving people around and keeping them safe in less than ideal circumstances during the snowstorm. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works (DPW) - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the Streets and Facilities Division of DPW has a vacant, funded Light Equipment Operator position and a vacant, unfunded Maintenance Worker position; and WHEREAS, DPW wishes to fill the vacancy at the Maintenance Worker level, with a long-term goal of training the individual to obtain a Class B Commercial Driver License and eventually become a Light Equipment Operator; now, therefore be it RESOLVED, That the Personnel Roster of the Streets and Facilities Division of the Department of Public Works be amended as follows: Unfund: One (1) Light Equipment Operator (Grade 5) Fund: One (1) Maintenance Worker (Grade 4) ; and, be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works 2019 budget. Carried Unanimously December 4, 2019 3 8.2 Department of Public Works (DPW) - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca DPW Water & Sewer Division has need of a larger pool of applicants to meet our hiring needs and goals; and WHEREAS, the number of applicants for our Laborer position advertised September 2019 was three (3) times that of the number of applicants we typically see for the Light Equipment Operator position; now, therefore be it RESOLVED, That a second Laborer position be added to the City of Ithaca DPW Water & Sewer Division; and, be it further RESOLVED, That the Laborer position will only be filled while another position at a higher level in the DPW unit is left vacant, allowing use of same funding for Laborer position, with the added requirement that if and when the Laborer is promoted, the Laborer position shall remain vacant until another higher level vacancy allows it again to be filled. Carried Unanimously 8.4 Planning, Building and Economic Development – Request to Amend 2019 Budget - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the City received a mini-grant from the Park Foundation, Inc. to bring members of Center for Performance and Civil Practice (CPCP) to Ithaca for a one -day consultation; and WHEREAS, the services will include community engagement to build civic health, equity and capacity; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 Authorized Budget for the Planning and Building Department as follows to account for said gran t from Park Foundation: Increase Revenue Account: A8020-2705 Gifts Donations $5,000 Increase Appropriations Account: A8020-5435 Planning Contracts $5,000 Carried Unanimously 8.5 Finance Department – Authorization to Cover Red Accounts - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen RESOLVED, That the City Controller be empowered to make transfers within the 2019 Budget appropriations, as needed, for the remainder of the 2019 Fiscal Year. Carried Unanimously 8.6 Finance Department – Amend 2019 Budget to Account for Community Development Block Grant (CDBG) Program Income Cascade Plaza Loan Payoff - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the City was informed by the Ithaca Urban Renewal Agency (IURA) that unanticipated small cities CDBG Program Income of $247,737.91 from the Cascade Plaza loan payoff needed to be returned to New York State; and WHEREAS, the fund needed to be sent from the City of Ithaca as a pass through to the Housing Trust Fund Corporation; now, therefore be it RESOLVED, That the 2019 Budget be amended as follows to account for the pass through of IURA CDBG Program Income from the Cascade Plaza loan payoff: December 4, 2019 4 Increase Revenue Account: A8515-4989 Federal and Other Home & Community $247,737.91 Increase Appropriation Account: A8515-5435 Housing Contracts $247,737.91 Carried Unanimously 8.7 Youth Bureau – Request to Amend 2019 Budget - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, On October 27, 2019, the Recreation Support Services (RSS) 15 passenger van (#810) was involved in an accident; and WHEREAS, the insurance appraiser has deemed the van a total loss; a nd WHEREAS, insurance will pay $14,887, after a $2,500 deductible and an additional $15,000 is needed to cover the cost of a new van, which has been estimated at $32,000; and WHEREAS, the RSS van is used heavily every week to transport youth and adults t o the YB, to program sites such as the YMCA, local parks, Ithaca College and Cornell and then home. RSS provides services to hundreds of youth and adults with developmental disabilities each year. In order to continue to provide programming and meet contractual agreements with funders the RSS van needs to be replaced; now, therefore be it RESOLVED, That Common Council hereby approves the following transfer in an amount not to exceed $17,113 for the replacement of a 15 passenger van for the Ithaca Youth Bureau, from unrestricted contingency account A1990 to Account A7310-5215 Youth Bureau Vehicles; and, be it further RESOLVED, That Common Council hereby amends the Youth Bureau 2019 Authorized Budget as follows to account for said insurance reimbursement for the van: Increase Revenue Account: A7310-2680 Insurance Recovery $14,887 Increase Appropriation Account: A7310-5215 Youth Bureau Vehicles $14,887 Carried Unanimously 8.8 Community Housing Development Fund, Round #19 — Authorization of Disbursement of Funds Pursuant to an Executed Memorandum of Understanding (MOU) - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and renewed in 2015, by Memorandum of Understanding (MOU) among and between 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, on an annual basis Cornell University contributes $200,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $100,000 ; and WHEREAS, the Common Council determined that City contributions to the CHDF should be used solely to assist those projects located within the City of Ithaca; and WHEREAS, the Program Oversight Committee (POC), which includes three City appointees, reviews and recommends projects for awards, including the amount and funding source; and WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or reject the POC’s recommendation for use of City funds; and December 4, 2019 5 WHEREAS, action to authorize disbursement of City funds requires prior completion of environmental review for housing projects; and WHEREAS, the POC recommends the following affordable housing projects for funding: ; and WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors; and WHEREAS, the 622 W. Clinton Street project to rehabilitate an existing single-family dwelling is a type II action under the City of Ithaca Environmental Quality Review Ordinance requiring no further environmental review; and WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency; now, therefore be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $27,800 to Tompkins County for the following affordable housing projects to implement the recommended funding award for rounds #19 of the Community Housing Development Fund: Project Name: 622 W. Clinton Street Amount: $27,800 Applicant: Jerame Hawkins Project Summary: Rehabilitation of a 3-bedroom rental housing unit at 622 W. Clinton Street, Ithaca, NY ;and, be it further, RESOLVED, That Common Council hereby appropriates an amount not to exceed $27,800 from the 2019 CHDF currently located in account A8020-5435 Planning Contracts $100,000; and, be it further RESOLVED, That the $27,800 appropriated, will fund the $27,800 City portion of the City/County/Cornell Housing Trust for the above listed project; and, be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution. Carried Unanimously Community Housing Development Fund Round #19 Recommended Funding Awards Applican t Project # Units Municipalit y Funding ($1,000s) Cornel l Count y City Total Hawkins 622 W. Clinton St.. 1 rental (C) Ithaca 0 0 27.8 27.8 INHS 28 Crystal Drive 1 for- s al e (T) Dryden 38.94 0 0 38.94 Habitat 1932 Slaterv ille Rd., Part II 2 for- s al e (T) Dryden 0 80 0 80 Totals 4 units 38.94 80 27.8 146.74 December 4, 2019 6 8.9 Department of Public Works (DPW) - Reallocation of Position - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, the Streets & Facilities Division of the Department of Public Works has recently added several new highway crew positions, and is also facing the retirements of several key supervisory personnel in the next few years; and WHEREAS, the Construction Engineer position in the Streets & Facilities Division was created in large part to help with succession planning and transitional periods, and is now also needed to provide additional formal supervision of work crews; and WHEREAS, the Human Resources Department reviewed the point factor evaluation of the Construction Engineer position and determined that the addition of formal supervisory responsibilities merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore be it RESOLVED, That the position of Construction Engineer be reallocated from Grade 8 to Grade 9 of the City Executive Association Compensation Plan; and, be it further RESOLVED, That the funding to cover the resulting salary increase shall be derived from within the approved 2019 departmental budget. Carried Unanimously 8.11 Ithaca Fire Department (IFD) – Amendment to Fee Schedule for Operating Permits for Certain Uses and Materials as Allowed by the City of Ithaca Municipal Code Chapter 181 entitled “Fire Prevention”; Section 181-9F By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, section 181-9 F(1) of the Code of the City of Ithaca states the Fire Chief shall promulgate a fee schedule applicable to the permits authorized under such code ; and WHEREAS, §181-9 F states that fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing, and issuing each of said permits; and WHEREAS, §181-9 F requires that any schedule and said changes proposed thereto shall be submitted to the Common Council for adoption prior to the collection of such fees; and WHEREAS, the permit fee schedule is based on the labor costs of performing the inspections and processing the permits, and because of subsequent salary increases and associated cost of fringe benefits, the current fees do not reflect the actual costs of the services being provided; and WHEREAS, the fees were last adjusted and approved by Common Council on December 6, 2017; and WHEREAS, a proposal has been prepared and submitted to increase fees generally and as stipulated in the attached schedule, from $55.00 to $58.00 per hour, and from $82.50 to $87.00 per hour for work performed during non -business hours, which will result in such fees reflecting current costs; and WHEREAS, the prepared proposal includes the additional permit fees, which are unchanged, for processing and the administration of permits over and above the costs of the actual inspections for issuing such permits; now, therefore be it RESOLVED, The Common Council of the City of Ithaca does hereby approve the proposed increase in permit fees as proposed; and, be it further RESOLVED, These changes shall be authorized upon adoption of this resolution by Common Council, with an effective date of January 1, 2020. Carried Unanimously December 4, 2019 7 8.12 An Ordinance to Amend Chapter 346 of the City of Ithaca Municipal Code entitled “Vehicles and Traffic”, Section 346-69, Schedule XIX entitled “Overnight Parking” By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen ORDINANCE NO. 2019- BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 346 of the City of Ithaca Municipal Code, entitled "Vehicles and Traffic ", Section 346-69, Schedule XIX entitled “Overnight Parking” be amended as follows: Section 1. Section 346-69, Schedule XIX entitled "Overnight Parking" is hereby amended to read as follows: § 346-69 Schedule XIX: Overnight Parking. In accordance with the provisions of §346-26, all-night parking between [2:00 a.m.] 7:00 p.m. and 6:00 a.m. shall be permitted upon any of the following described streets or parts thereof: Name of Street Side Location Cayuga Street East From South Hill Terrace to Spencer Street Hillview Place South From Turner Place to a point 150 feet east thereof South Hill Terrace North From Turner Place to Hillview Place South Hill Terrace South From Hillview Place to South Cayuga Street Stewart Avenue East 600 block Section 2. Severability clause. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately upon publication as provided in the City Charter. Carried Unanimously 8.14 Human Resources Department (HR) - Adjustment of the Managerial Compensation Plan - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, on January 1, 2015, the City of Ithaca implemented a new management compensation plan, which sought to address internal equity concerns, the City’s ability to attract and retain quality talent, and compression issues that resulted from a lack of salary increases in multiple prior years; and WHEREAS, it is necessary to periodically update the management compensation plan to ensure that the compensation plan remains competitive and equitable; and WHEREAS, Common Council authorized funding in the 2020 City budget to update the management compensation plan as recommended by the Human Resources Department, effective December 31, 2020; now, therefore be it RESOLVED, That the current management compensation plan be amended by deleting the entry level (step one) and adding a new step five (5) that produces a 20% spread, effective December 31, 2020; and, be it further December 4, 2019 8 RESOLVED, That on December 31, 2020, all managerial staff who were on step 5 of the 2019 Management Compensation Plan on January 1, 2020, shall move to st ep 5 of the 2020 Management Compensation Plan; and, be it further RESOLVED, That on December 31, 2020, all managerial staff who were below step 5 of the 2019 Management Compensation Plan on January 1, 2020, shall be slotted into the salary step that most closely reflects their current salary, and shall continue to move one salary step annually on their respective anniversary dates, in accordance with the existing procedure; and, be it further RESOLVED, That Common Council hereby directs the City Controller to release funds placed in Restricted Contingency as part of the 2020 Authorized Budget for the management compensation plan adjustments and allocate said funds to various departments as applicable. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan – Resolution A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen 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 an amendment to the compre hensive 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 the Waterfront Area Plan as part of Phase II of the City of Ithaca Comprehensive Plan. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, the City of Ithaca is considering the adoption of the Waterfront Area Plan as part of Phase II 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 September 23, 2019; and WHEREAS, the proposed plan has been reviewed by the Tompkins County Department of Planning and Sustainability pursuant to §239-l-m of 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 City staff, the City Advisory Commissions, the City Board of Public Works, and the City of Ithaca Planning and Development Board; 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 December 4, 2019 9 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 September 23, 2019; and, be it further 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 the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan – Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, in September of 2015, the Common Council adopted Plan Ithaca as Phase I of the City Comprehensive Plan; and 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, Plan Ithaca-Phase 1, sets forth broad goals and principles to guide future policies throughout the city while Phase II of the plan is intended to consist of a series of specific neighborhood and thematic plans; and WHEREAS, in November of 2015 staff was directed to begin working on a waterfront development plan as a part of the next phase for the Comprehensive Plan; and WHEREAS, a waterfront working group made up of 17 members of the public and City Planning Staff was established in the fall of 2016 to conduct public outreach and prepare the draft plan; and WHEREAS, the group commenced meeting regularly in September of 2016 and began by drafting a land use chapter and developing a recommendation for new zoning for the area, which was adopted by the Common Council in August of 2017; and WHEREAS, the Waterfront Working Group continued meeting regularly in order to draft the Plan Ithaca Phase II-Waterfront Area Plan; and WHEREAS, the recommendations of the plan were introduced to the public at two open house sessions that were held at the Ithaca Farmer’s Market on July 11, 2019; and WHEREAS, following these events, the Waterfront Working Group revised the draft plan to incorporate comments from the community; and WHEREAS, the draft plan was presented to the Planning & Economic Development Committee on September 11, 2019, and following that meeting, was circulated for additional comments; and WHEREAS, the adoption of the Waterfront Area Plan as part of Phase II of the Comprehensive Plan is a Type I action, and the Common Council, as lead agency, has completed environmental review and determined that the action will not have a significant impact on the environment; and WHEREAS, a public hearing for the adoption of the plan was held on November 13, 2019; and WHEREAS, the draft Waterfront Area Plan that was recommended by the Waterfront Working Group has been circulated, revised accordingly and considered by the Common Council; and December 4, 2019 10 WHEREAS, the plan includes the goals that are were established in Plan Ithaca, to address the topics of land use, economic vitality, community livability, mobility and transportation, natural and cultural resources, and sustainability, energy and water resources, with more specific recommendations and action steps specifically for the waterfront area; now, therefore be it RESOLVED, That the Common Council hereby adopts the Waterfront Area Plan, dated November 1, 2019, as part of Phase II 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 commissions, and City staff; and, be it further RESOLVED, That Common Council shall establish regular reviews and updates of the Comprehensive Plan every five years. Alderperson Brock acknowledged the tremendous work done by staff in putting together this plan and voiced her appreciation for the responsiveness to all who contributed and commented on the plan. She explained that the zoning for the area was adopted prior to the development of the plan so it may need to be adjusted based on the comments made. She thanked staff for their work and attentiveness given the complexity of the Waterfront Zone. Alderperson McGonigal echoed the comments made by Alderperson Brock. He noted that it has been a long process and the zoning may need to be modified a bit, but he is already seeing positive results of the work. Mayor Myrick noted how proud he was of this excellent work. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 Nonbinding Determination of Intent to Approve the Disposition & Development Agreement - West & Center Sections of Green Street Garage Mixed- Use Urban Renewal Project - Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen WHEREAS, on October 4, 2017, the City of Ithaca Common Council authorized transfer of the Green Street Parking Garage property located at 120 E. Green Street (Tax Parcel #70.-4-5.2) to the Ithaca Urban Renewal Agency (IURA), via an option agreement, for the purpose of structuring a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to a pproval by the Common Council; and WHEREAS, on December 13, 2018, the Ithaca Urban Renewal Agency designated Vecino Group New York, LLC (Vecino) as the preferred developer, and qualified and eligible sponsor pursuant to Section 507 of General Municipal Law, to potentially acquire a portion of Tax Parcel #70.-4-5.2, located at 120 E. Green Street, Ithaca, NY, for the purpose of undertaking an urban renewal project; and WHEREAS, implementation of the urban renewal project will be governed by a Disposition and Development Agreement (DDA) that defines the terms for conveyance of the project site to Vecino, required elements included in the redevelopment project and obligations of Vecino, the IURA and other stakeholders; and WHEREAS, on August 29, 2019, the IURA conditionally approved the August 28, 2019 DDA for the West and Center Sections of the Green Street Garage Mixed -Use Urban Renewal Project subject to Environmental Review and Common Council approval; and WHEREAS, the DDA establishes binding terms for the development transaction and the final project including: December 4, 2019 11 1. Seller: Ithaca Urban Renewal Agency 2. Purchaser: Vecino Group New York, LLC 3. Project Site: West and Center sections of Green Street Garage Site at 120 E. Green Street 4. Sales Price: $1.00 5. Major Project Elements:  218 units of affordable housing  49,000 sf conference center  351 public parking spaces  Retention of existing 5-screen cinema  Conversion of City Hall surface parking to City Hall Park 6. Parking Lease: 30-year City lease of parking at approximately $2,000- $2,250/space/year, with City option to re-acquire parking at end of the lease term ; and WHEREAS, if the conference center project is determined not to be financially feasible for inclusion in the project, it will be replaced with ground flo or retail use and an additional 55 units of affordable housing; and WHEREAS, on September 6, 2019, Vecino executed the DDA; and WHEREAS, IURA execution of the DDA is subject to completion of environmental review of the project and Common Council; and WHEREAS, to induce Vecino to invest resources to complete environmental and site plan review of the project, the IURA requests the Common Council to make a preliminary, non-binding determination, subject to future completion of environmental review, whether it intends to approve, modify, or reject the DDA; now, therefore be it RESOLVED, That the Common Council for the City of Ithaca hereby makes a preliminary, non-binding determination that it intends to approve the August 28, 2019 Disposition and Development Agreement between the IURA and Vecino governing the redevelopment transaction for the West and Center Sections of the Green Street Garage Mixed-Use Urban Renewal Project; and, be it further RESOLVED, That the urban renewal project shall come back to Common Council for final decision making following completion of environmental and site plan review and an additional public hearing. Alderperson Kerslick noted that this proposal includes 351 parking spaces and asked about the current capacity of the garage. Community Development Director Bohn responded that there are 335 parking spaces. He further questioned the purpose of this action. Community Development Director Bohn explained that the Vecino Group is about to incur significant costs for environmental and site plan review processes and this action is to confirm that the city agrees that the project is moving in the right direction. Alderperson Kerslick asked who determines if the conference center is financially feasible. Community Development Director Bohn stated that it would be a joint decision between the developer and the Ithaca Urban Renewal Agency (IURA). This discussion is scheduled for the January 23, 2020 IURA meeting. Alderperson McGonigal stated that the Board of Public Works was asking whether the developer set aside a contingency fund for unforeseen construction costs and long-term maintenance/repairs of garage that would cover the 30-year term of the lease. Community Development Director Bohn stated that the developer would build the project at cost. They are willing to incorporate a contingency fund for maintenance and repairs which will result in a higher rent rate. The developer can factor in planned maintenance items such as deck membranes and projected expenses such as garage equipment to ensure that the asset is being properly maintained and remains valuable. Alderperson McGonigal further questioned the boundaries of the property being turned over to Vecino. He voiced concern that the western edge is too close to City Hall. He December 4, 2019 12 stated that vehicle/delivery access is necessary to accommodate the needs of City Hall and many businesses on the Commons and questioned whether the boundary was negotiable. Community Development Director Bohn stated that the location of western wall was determined by the square footage needed to accommodate the conference center. If the location of the wall was adjusted, it would make the conference center project much more difficult to build in the way it was designed. It was designed as a 2 - story facility because space is tight. The second story is cantilevered out by 12-feet in order to accommodate the 10,000 sq. foot ballroom which is considered essential to the success of the conference center. Currently there is a 75-foot separation between the garage and City Hall, this project would reduce it to a 64-foot separation. There would still be room for a service area for short-term parking, loading, and storage uses. Alderperson McGonigal asked whether this conference center proposal is larger than the original proposal. Community Development Director Bohn confirmed that this proposal includes a larger conference center footprint. He stated that concerns should be conveyed to the Planning Board for site plan review as the plan is still very conceptual at this point. Alderperson Lewis questioned whether there was a better chance of securing financing for the project with a larger conference center. Community Development Director Bohn stated that the funders don’t know the square footage details; however, the Hunden Strategic Partners’ report determined that the 10,000 ft ballroom is a very important selling point as the size is needed to attract more conferences/meetings that will fill hotel rooms, etc. Alderperson Lewis voiced her appreciation for Mr. Bossard’s comments earlier, noting that it is nice to hear that Vecino is working and communicating well with the impacted businesses. Alderperson Fleming asked for clarification that the proposal for the city to become back-up funders if financing does not come through, is a separate action from this agreement. Community Development Director Bohn confirmed that it is. Amending Resolution: By Alderperson Brock: Seconded by Alderperson Nguyen RESOLVED, That the fifth Whereas clause be amended to change the phrase “Conversion of City Hall surface parking to City Hall Park” to “Conversion of City Hall surface parking to City Hall Plaza”. Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Alderperson Murtagh announced that there would be a public hearing on the proposed Accessory Dwelling Unit legislation at the December 11, 2019 Planning & Economic Development Committee meeting. He further announced that the January meeting schedule would be as follows due to holiday schedules:  Common Council – January 8, 2020  City Administration Committee - January 15, 2020  Planning & Economic Development Committee - January 22, 2020 CITY ADMINISTRATION COMMITTEE: 10.1 (8.10) Department of Public Works (DPW) - Amendment to 2019 City Budget - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS, the Tompkins County Tourism Program has awarded to the City of Ithaca a $20,000 grant for the purpose of producing the Six Mile Creek Feasibility Study, as described in the accompanying memo dated October 31, 2019; and WHEREAS, a firm, Penn Trails LLC, has been competitively selected by the City to produce this study; and December 4, 2019 13 WHEREAS, the payment process will involve the County grant funds being transferred to the City and then to the consulting firm, which will briefly constitute a City revenue/expense; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 Authorized budget for the DPW Engineering Office as follows to account for the grant from Tompkins County: Increase Revenue Account: A1440-2707 Grants from Local Governments $20,000 Increase Appropriation Account: A1440-5435 Engineering Contracts $20,000 Extensive discussion followed on the floor with Alderperson Kerslick sharing Joe McMahon’s and Todd Bittner’s concerns about this proposal and the lack of city staff and financial resources to properly maintain a trail in this area. Mr. McMahon and Mr. Bittner were former members of the Natural Areas Commission and have years of experience with the Six Mile Creek natural area. Alderperson Kerslick stated that given these concerns, he would not support this initiative as a top priority for the City and would like a recommendation from the Parks, Recreation, and Natural Resources Commission before moving ahead with this project. Alderpersons asked questions regarding funding and project priorities. Chief of Staff Cogan stated that he shares the concerns raised about potential maintenance issues in the future but explained that the feasibility study has already been contracted and is underway as the grant has been awarded. He noted that the City may have to pay for this study even if Council does not approve this action. City Controller Thayer confirmed that this Resolution is just accounting for the grant which has already been awarded. Alderperson Brock explained that part of the study is to look at the water and sewer infrastructure and is laying the groundwork should future funding become available. She agreed that other areas are in more desperate need like the Ezra’s Tunnel overlook, tourist attractions like the Ithaca Falls park, and existing natural areas that are being used as recreational areas. A vote on the Resolution resulted as follows: Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Mohlenhoff, Lewis Nays (2) Kerslick, McGonigal Carried (8-2) 10.2 (8.13) Department of Public Works (DPW) - Amendment to Personnel Roster - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the current vacancy in the Director of Parking position has given the Department of Public Works the opportunity to restructure and realign responsibilitie s to more efficiently carry out its mission; and WHEREAS, the Department of Public Works wishes to merge responsibility for the planning, operations, maintenance and management of the City’s transportation network into one departmental division; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Director of Transportation and Parking Delete: One (1) Director of Parking ; and, be it further December 4, 2019 14 RESOLVED, That the position of Director of Transportation and Parking be assigned to the Management Compensation Plan at salary grade 8; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further RESOLVED, That the funding for this roster change shall be obtained from within the allocated departmental budget. Discussion followed on the floor regarding the salary grade of the position and the transition of staff into a different organizational structure. Director of Human Resources Michell-Nunn explained that the Engineering staff working in transportation, the parking staff, and the Commons crew would be reporting to this position. Chief of Staff Cogan added that the Director of Transportation and Parking would oversee transportation and parking systems, while the Superintendent of Public Works and the Engineering staff would oversee infrastructure. He explained that final details have yet to be defined; however, they are structuring the position to attract a larger pool of candidates and to meet the needs that will come forth with the transportation demand management studies. A vote on the Resolution resulted as follows: Carried Unanimously 10.3 (8.3) Human Resources Department (HR) - Management Compensation 8% Exception for a Promotion - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, in 2017 Common Council passed a resolution establishing an eight (8) percent increase on base salary for promotions into and within the Management Compensation Plan; and WHEREAS, in that resolution the Mayor is also authorized to offer any new hire a salary at any step of the salary range; and WHEREAS, the Chief of Police has conducted an interview process for the Deputy Police Chief position and has elected to promote from within; and WHEREAS, Human Resources may only authorize an 8% increase from the individual’s current base salary, but in this instance, 8% would not accurately reflect the salary intention of such increase, because the bargaining unit base salary is at a 2011 salary rate; and WHEREAS, if the Chief of Police were to hire an external candidate with no Ithaca police experience, that individual could be hired at a higher step; and WHEREAS, the 8% increase is believed to be a respectable promotional i ncrease for current rates, and since that is not the situation for this promotion, it is recommended that an exception be allowed in this case, now, therefore be it RESOLVED, In this instance only, the Mayor is authorized to establish the Salary for the promotional Deputy Police Chief in accordance with the procedure used for establishing salaries for external candidates; and, be it further RESOLVED, That the funding to cover the resulting salary increase shall be derived from within the approved 2019 departmental budget. Alderperson Brock asked what the salary range for the Deputy Police Chief was. Human Resources Director Michell-Nunn responded that the position was in Grade 11 and the 2019 salary range is $93,000 – $112,000. December 4, 2019 15 A vote on the Resolution resulted as follows: Ayes (8) Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (2) Brock, McGonigal Carried (8-2) 10.4 Authorization of a Trial Permit for Use of East Seneca Street as an Intercity Bus Pickup and Drop-Off Area - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Brock 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 within 200 feet of any City bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained from the Common Council or its designee, and WHEREAS, OurBus Inc. wishes to continue its intercity bus operations in Ithaca using curb space proximate to the northeast corner of 130 East Seneca Street, and WHEREAS, City staff have reviewed the request, and have determined that the space could be suitable for one bus provided the fire hydrant currently located in front of 130 East Seneca Street is moved to a location not obstructed by any intercity bus operation and serving 130 East Seneca Street and any other properties currently served by the existing hydrant, and WHEREAS, City staff have expressed concerns about how intercity buses and hotel visitors may effectively use competing space, and thus recommend a trial period to determine the suitability of this location as an intercity bus stop, and WHEREAS, the City has evaluated staff and resource impacts to the City from intercity bus service on City streets, and WHEREAS, Chapter 170, “Use of City Real Property”, authorizes the City to establish permit fees for use of City property and Common Council is inte rested in establishing a bus permit fee based for the East Seneca Street location on a fair rental value for use of East Seneca Street; now therefore be it RESOLVED, In accordance with Section 346-31 and Chapter 170 of the City Code, the Common Council hereby establishes an Intercity Bus Permit fee for use of the East Seneca Street location of $15 per arrival or departure from East Seneca Street for occupancy of the right of way for the purposes of operating an intercity bus; and be it further RESOLVED, That the above-established fee shall be multiplied by the number of scheduled trips as submitted to the Transportation Engineer for the permit period, running from December 16, 2019 (or such date thereafter as hydrant relocation is complete) through March 31, 2020, and shall be paid prior to the commencement of each permit term, with additional payment for additional service; and be it further RESOLVED, Common Council authorizes the Board of Public Works to modify the above-established established Intercity Bus Permit fee from time to time, but retains the sole legislative discretion as to issuance of bus permits, and be it further RESOLVED, that the Common Council hereby authorizes issuance of a trial permit to OurBus Inc. with the following conditions: 1. Execution of a bus permit agreement for the East Seneca location for a trial period ending March 31, 2020, thereafter month to month, and containing the City’s usual revocation-without-cause and indemnification terms and conditions; 2. OurBus Inc. provides an audit and full accounting of actual use of the Green Street intercity bus location by OurBus and its contracted carriers, and ceases use of the Green Street location by it or any carrier providing service by contract with OurBus Inc., except as otherwise explicitly permitted in writing by the City; December 4, 2019 16 3. OurBus Inc. pays $25,000 to the City to account for the need to move the hydrant to accommodate this request from OurBus Inc. plus the anticipated permit fee for the East Seneca location; 4. The exact route, locations where passengers may be dropped off and picked up, and times of operation shall be subject to approval by the Superintendent of Public Works or his designee; 5. At all times, the operator(s) of the bus shall remain with the bus and ensure that the bus is not parked in a manner that interferes with (a) the ability of emergency vehicles to move or pass, (b) with sight distance for pedestrians or motorists, or (c) with the designated drop-off area for the adjacent Hilton Hotel; 6. Permittee shall at all times maintain valid liability insurance coverage, and proof of compliance with the Workers’ and Disability Compensation coverage requirements; and be it further 7. An effective date for the bus permit agreement no earlier than the City Transportation Engineer has developed an applicable signage plan for the East Seneca Street location; 8. OurBus commits to minimizing exhaust while at the East Seneca Street location, including by shutting off the engine in most circumstances. RESOLVED, That the Superintendent of Public Works shall have the right to modify the conditions above upon reasonable notice to the Permittee, suspend or revoke this permit due to violation of the terms thereof, or due to any other action or failure to act, on the part of the permittee or their agents, which poses a danger to the health or safety of any members of the public, provided, however, that such suspension or revocation shall be subject to review by Common Council upon written appeal of the permittee, to the Mayor (which appeal, while pend ing, shall not stay said suspension or revocation); and be it further RESOLVED, That the City’s Community Service Officers are instructed to structure one or more of their routes so as to ensure adequate enforcement of the parking, stopping, and standing rules applicable in the vicinity of the East Seneca Street location. Extensive discussion followed on the floor regarding the space and amenity needs for a viable drop-off/pick-up area for OurBus and what is currently available with the existing infrastructure. Transportation Engineer Hathaway explained that the key to success will be the behaviors of passengers and bus drivers. Alderpersons expressed their concerns regarding a corner space vs. a mid-block space, visibility for pedestrians and cyclists, the loss of high demand parking spaces, the required relocation of a fire hydrant, and the possibility of double-parking of buses. City Attorney Lavine confirmed that OurBus has already paid for the relocation of the fire hydrant and the City has the ability to restrict the number of buses allowed to stage at one time. Further discussion followed on other potential sites such as Seneca Street in front of the Shortstop Deli, and Cayuga Street in front of Coltivare. Transportation Engineer Hathaway shared his concerns about those locations. Alderperson Gearhart asked what information would be brought back to Council along with a recommendation to either end the pilot or a request to make the solution permanent. Transportation Engineer Hathaway responded that community feedback and engineering observations would be determining factors of a recommendation. Mayor Myrick suggested that the Downtown Ithaca Alliance be asked to assist in creating a structured feedback program. The importance of communication with the building owners of Seneca Place and Tompkins Trust was stressed. Discussion followed on the terms of the legal agreement for the trial period and thereafter, and potential options available for people who may want to park their vehicles in the Seneca Street parking garage when they leave town. A status check on the trial period is being targeted for the month of March, 2020. December 4, 2019 17 A vote on the Resolution resulted as follows: Ayes (9) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (1) Brock Carried (9-1) REPORT OF THE CITY CONTROLLER: City Controller Thayer reported on the following year end activities:  Sales tax collections are up 3% from 2018 activity  Overtime is over budget: $1.2 million budgeted – $1.3 million has been spent to date. This is mainly caused by open positions in the police department; however, there are associated savings in salaries  Building permit revenue – $745,000 collected to date which is $590,000 short of the budget projection. A large building permit fee is still expected to come in; however, it is projected that this line will remain under budget  Parking revenue is running above budget projections and parking expenses are running at budget. There is a $900,000 planned and budgeted deficit in parking at this time due to capital investments and issued debt  The CPI is 1.8% for the month of October and 1.7% for 2019. These figures trigger Cornell University’s voluntary contribution activity  The mortgage tax received was over budgeted projections  Costs for winter snow removal have increased. 2019 has been more expensive than 2018. The salt budget of $110,000 has been over expended by $14,000. The salt budget in 2018 was $128,000. The 2020 budget was increased to account for salt activity. Overtime for snow removal is already above budget without including this past week’s snowstorm  Fine revenue: $691,000 has been collected – $926,000 was budgeted  The pension liability payment is due in February 2020, but the City will make the payment on December 15th to save 1%. The bill is $4.8 million which is a 2.8% increase over 2018. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 11.1 Agreement between the City of Ithaca and the Town of Ithaca for Building Permitting, Inspection, and Related Services for the Cornell University Friedman Wrestling Center Addition By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, Cornell University has proposed an addition on its Friedman Wrestling Center (the “Center”), located at 610 Campus Road on tax parcels 31.-1-1.2 (City) and 67.-1-13.2 (Town); and WHEREAS, the Center construction requires approval of both the City of Ithaca and the Town of Ithaca; and WHEREAS, the Center, while mostly within the Town, is within the geographic bounds of both Municipal Parties; and WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5 -G of the General Municipal Law allows for two or more local governments to provide joint administration and enforcement of the uniform code, the state energy conservation construction code, or both, by agreement pursuant to article five -G of the general municipal law”; now therefore be RESOLVED, That the Mayor, subject to the advice of the City Attorney, is authorized to execute a Memorandum of Understanding with the Town of Ithaca substantially similar to the Memorandum of Understanding included herewith. City Attorney Lavine explained that this property is almost entirely located in the Town of Ithaca, but a portion falls within the City. Either both Town and City building officials need to inspect and enforce the building codes, or an agreement with the Town is needed to authorize them to do it. He further noted that the City’s Planning & Building staff are supportive of this action. December 4, 2019 18 A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Recommendation to Tompkins Consolidated Area Transit Board – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Lewis RESOLVED, That Common Council recommends that Jennifer Dotson be elected as a director of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2022, and, be it further Appointment to Mobility, Accessibility and Transportation Commission – Resolution RESOLVED, That Srikar Srivatsa be appointed to the Mobility, Accessibility, and Transportation Commission to replace Sarah Brylinsky with a term to expire December 31, 2020, and, be it further Appointment to the Workforce Diversity Advisory Committee – Resolution RESOLVED, That Luca Maurer be appointed to the Workforce Diversity Advisory Committee to fill a vacancy with a term to expire December 31, 2022. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Tompkins County: Alderperson Nguyen reported that Tompkins County is moving toward a permanent merger of the Health Department and the Mental Health Services Department. He further reported that construction on the Ithaca Tompkins International Airport is scheduled to be completed next week. Water Resources Council: Alderperson Brock reported that the Water Resources Council is working with Bolton Point to assist them in creating Cayuga W atershed Rules and Regulations that will help outline management practices for the watershed. Through this process, the rules and regulations for Six Mile Creek and Fall Creek will be updated, so there will be similar rules to govern the southern end and potentially the entire Cayuga Lake watershed. REPORT OF CITY CLERK: City Clerk Conley Holcomb reported that the City’s computer network was infected with Ransomware over the weekend. The situation has been resolved and nearly all impacted records have been recovered and restored. There were lessons learned through the process and the Department of Public Information and Technology will be implementing protocol and policy changes to better protect the City’s investment in its technology infrastructure. She stated that she would be looking for year-end funds to conduct a cyber-security risk assessment study but if not successful, she would discuss the issue further with Common Council. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the September 4, 2019 Common Council Meeting Minutes – Resolution By Alderperson Nguyen: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the September 4, 2019, October 2, 2019, and November 6, 2019 Common Council meetings be approved as published. Carried Unanimously REPORT OF CITY ATTORNEY: 17.1 Motion to Enter into Executive session By Alderperson Lewis: Seconded by Alderperson Smith RESOLVED, That Common Council enter into Executive Session to discuss the acquisition, sale or lease of real property, the publicity of which would substantially affect the value thereof; to discuss a personnel matter relating to the employment of a particular person; and to discuss proposed, pending or current litigation. Carried Unanimously December 4, 2019 19 RECONVENE: Common Council reconvened into Regular Session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor