HomeMy WebLinkAbout02-05-20 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, February 5,
2020, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Reports of Municipal Officials
5.2 Special Presentation to Council Regarding the Conference Center
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
7.1 Announcement of the Availability of the 2020 Annual Disclosure Forms for
The Mayor and Common Council
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau – New York State (NYS) Grant for Enclosure of Cass Park Rink
Project - Resolution
8.2 Police Department – Request to Amend 2020 Budget for Grant – Resolution
8.3 Request to Fly Pan African Flag - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 2020 Annual Common Council Concurrence that the City of Ithaca Planning and
Development Board be Lead Agency in Environmental Review for Site Plan
Review Projects for which the Common Council is an Involved Agency
Resolution
Common Council Meeting Agenda
February 5, 2020
Page 2
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Con’t.):
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325
Entitled “Zoning” to Clarify the Definition of Community Gardens, to Add a
Definition for Neighborhood Gardens; and to Establish Guidelines for
Special Permit Requirements for Neighborhood Garde ns
A. Designation of Lead Agency – Resolution
B. Declaration of Environmental Significance – Resolution
C. Adoption of Ordinance
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325 Entitled
“Zoning” In Order to Establish Regulations for the Development of Accessory
Dwelling Units
A. Designation of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Adoption of Ordinance
10. CITY ADMINISTRATION COMMITTEE:
10.1 City Apprenticeship Incentive Program for Public Works Contracts – Resolution
10.2 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock - A Resolution Authorizing Implementation and Funding in the
First Instance 100% of the Federal Aid-Eligible Costs and Program-Aid Eligible
Costs, of a Transportation Federal-Aid Project, and Appropriating Funds
Therefore
13.2 Mayor Myrick - Community Conference Center Project - Commitment To Pursue
A City Of Ithaca Hotel Occupancy Tax And Commitment To Provide A Shared
Financial Guarantee With Tompkins County - Resolution
13.3 Alderperson Smith - Resolution to Approve Artwork for the Tompkins Giant No. 1
Proposal in Cass Park
13.4 Alderperson Murtagh - Common Council Resolution Opposing Relocation of
Downtown Post Office
14. MAYOR’S APPOINTMENTS:
14.1 Appointments to Public Safety and Information Commission – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
Common Council Meeting Agenda
February 5, 2020
Page 3
17. REPORT OF CITY ATTORNEY:
17.1 Proposed Executive Session to Discuss Pending Litigation
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the January 8, 2020 Common Council Meeting Minutes –
Resolution
18.2 Approval of the January 15, 2020 Special Common Council Meeting Minutes –
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
Out of consideration for the health of other individuals, please refrain from using
perfume/cologne and other scented personal care products at City of Ithaca meetings.
Thank you for your cooperation and understanding.
“This meeting can viewed via livestream on https://ithacany.viebit.com/”
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: January 31, 2020
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau – New York State (NYS) Grant for Enclosure of Cass Park
Rink Project - Resolution
RESOLVED, That the City of Ithaca applied for financial assistance from the New York
State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under the
Environmental Protection Fund Grant Program for the purpose of funding the Enclosure
of Cass Park Rink project; and, be it further
RESOLVED, That the City of Ithaca is authorized and directed to accept these grant
funds in an amount not to exceed $523,269 for the project described in the grant
application; and, be it further
RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms
and conditions of the Master Contract with OPRHP for such Enclosure of the Cass Park
Rink project; and, be it further
RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms
and conditions of any required deed of easement granted to OPRHP that affects title to
real property owned by the municipality and improved by the grant funds, which may be
a duly recorded public access covenant, conservation easement, and/or preservation
covenant; and, be it further
RESOLVED, That the governing body of the municipality delegates signing authority to
execute the Master Contract and any required deed of easement to the individual(s)
who hold(s) the following elected or appointed municipal office(s) or employment
position title(s): Mayor and/or City Controller.
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Authorizing Resolution and Certification for EPF Grant Funding
Date: 1/15/20
The Youth Bureau was awarded a matching grant in the amount of $523,269 from the
Environmental Protection Fund Grant Program for Parks, Recreation, Preservation a nd
Heritage (EPF) for the Enclosure of Cass Park Rink.
To receive the award from a grant program administered by the New York State Office
of Parks, Recreation and Historic Preservation (“OPRHP”), we must submit a duly
adopted Resolution and Certification approving the City’s acceptance of grant funds and
delegating signing authority to execute the New York State Master Contract for Grants
and any deed of easement that may be required.
8.2 Police Department – Request to Amend 2020 Budget for Grant - Resolution
WHEREAS, the Ithaca Police Department recently received a $10,000 grant from the
Jason Sokoloff fund of the Jewish Commercial Fund; and
WHEREAS, the grant is to be used for a ground control and arrest training room, which
will improve the hands-on skill for the officers during arrest situations; now, therefore be
it
RESOLVED, That Common Council hereby amends the 2020 Authorized Police
Department budget for said grant as follows:
Increase Revenue Account:
A3120-2705 Police Gifts and Donations $10,000
Increase Appropriation Account:
A 3120-5435 Police Contracts $10,000
8.3 Request to Fly Pan-African Flag - Resolution
WHEREAS, the Community Life Commission was tasked with developing a policy
regarding the flying of advocacy and commemorative flags on City facilities; and
WHEREAS, the Community Life Commission has reviewed an application to fly the
Pan-African flag on City Hall during the month of February 2020 and has forwarded its
recommendation of approval to Common Council for its consideration; now, therefore
be it
RESOLVED, That Common Council hereby approves the request to fly the Pan-African
flag on City Hall during the month of February 2020.
qt-siffir
A
Application for Flying of Advocacy Flag
({,t^
Advocate Name/Organization :
(,
Address r,
(
I
(-i (,'1tWebsite
Contact Name
(,
Phone
0'\
Contact Email ti I ,L&,on u"t Phone:
Flag requested to be flown
What are the dates you would like the City to fly this
From )4
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/)to
Is there a specific location in the City where you would like to see this flag flying?
-Yfies,C.koose from this list:
_1pity Hall (flag dimensions 3' x 5')
/ Cass Park (flag dimensions 3' x 5')
Stewart Park (flag dimensions A' x B')
_ NO: The City may choose where it is most appropriate to fly this flag
Would the like the flag returned after it is flown?
YE,S: The advocate should make arrangements to collect the flag in a timely
mamer.
NO: The City can take possession of the flag so it can be flown again.
NOTE: The advocate is responsible for determining whether the city already
possesses the advocacy flag being requested. If the city does not possess it, the
advocate is responsible one to the City Clerk.
Date:IApplicant Signature:
Please submit this form with an image
(City Clerk's email).
of the flag to Xxxxx@Cityoflthaca.org
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 2020 Annual Common Council Concurrence that the City of Ithaca Planning
and Development Board be Lead Agency in Environmental Review for Site Plan
Review Projects for which the Common Council is an Involved Agency Resolution
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, 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, State Law also specifies that when an agency proposes to directly
undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review
with other involved agencies, it must notify them that a lead agency must be agreed
upon within 30 calendar days of the date that the Environmental Assessment Form
(EAF) or draft EIS was transmitted to them; and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and
Approval, at times involve approvals or funding from Common Council, making Council
an involved agency in environmental review; and
WHEREAS, in accordance with the State Environmental Quality Review Law and the
City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided
with project information and environmental forms for their review, as well as all
environmental determinations; and
WHEREAS, Common Council did consent to the Planning & Development Board acting
as Lead Agency in environmental review for site plan review projects for which Common
Council has been identified as an Involved Agency since 2015; and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the
environmental review process more efficient, it is desirous to continue the agreement in
which the Planning Board will assume Lead Agency status for such projects; now,
therefore be it
RESOLVED, That Common Council does hereby consent to the Planning &
Development Board acting as Lead Agency in environmental review for site plan review
projects for which Common Council has been identified as an Involved Agency through
December 31, 2020; and, be it further
RESOLVED, That for any future project Common Council may withhold or withdraw its
consent should it so desire.
1 | Page
To: Common Council
From: Lisa Nicholas, Deputy Director of Planning
Date: January 16, 2020
Re: 2020 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review
for Site Plan Review Projects for which the Common Council is an Involved Agency
Annually, Common Council passes a resolution concurring that the Planning Board will be Lead Agency in
environmental review for site plan review projects for which the Common Council is an involved agency.
Examples of such projects include the Chainworks District Project, 210 Hancock Street, Carpenter Circle and 320
W Buffalo (the Immaculate Conception Site). As per the previously adopted resolutions, this arrangement ends
on December 31 of each year and must be renewed annually. Please find enclosed a proposed resolution which
extends this arrangement to December 31, 2020.
The purpose of this arrangement is to make the environmental review process more efficient while, at the same
time, keeping Council informed of its potential role in the environmental review of site plan projects.
Environmental forms and project information would continue to be forwarded directly to Council members
without the need to coordinate with a monthly meeting schedule. This prevents the difficulty of the 30-day
deadline to establish Lead Agency but preserves Council ability to not concur should that be the preferred course
of action for any future project. As an involved agency, Council could, if desired, provide input to the Lead
Agency. All comments from involved agencies are addressed during the environmental review.
The Planning Board also has this arrangement with the Board of Zoning Appeals.
If you have any questions, please contact me at 274-6557
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325
Entitled “Zoning” to Clarify the Definition of Community Gardens, to Add a
Definition for Neighborhood Gardens, and to Establish Guidelines for
Special Permit Requirements for Neighborhood Gardens
A. Designation of Lead Agency – Resolution
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 action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, which requires 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 proposal to amend the City of Ithaca
Municipal Code, Chapter 325, Entitled “Zoning” to Clarify the Definition of Community
Gardens, to Add a Definition for Neighborhood Gardens, and to Establish Guidelines for
Special Permit Requirements for Neighborhood Gardens
B. Declaration of Environmental Significance – Resolution
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” to Clarify the
Definition of Community Gardens, to Add a Definition for Neighborhood Gardens, and to
Establish Guidelines for Special Permit Requirements; and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), Parts 1 and 2, dated
December 9, 2019; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by Planning Staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated December 9, 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.
C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter
325 Entitled “Zoning” to Clarify the Definition of Community Gardens, to Add a
Definition for Neighborhood Gardens, and to Establish Guidelines for Special
Permit Requirements for Neighborhood Gardens
ORDINANCE NO. 2020-_
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby
amended as follows:
Section 1. Chapter 325, Section 325-3, Definitions, be amended to add a new definition
of Neighborhood Garden and to amend the existing definition of Community Gardens, to
read as follows:
§ 325-3. Definitions and word usage.
[COMMUNITY OR ] NEIGHBORHOOD GARDEN. An area used by
several individuals or families, operating in association with each
other and under sponsorship by a nonprofit or voluntary organization ,
primarily for seasonal production of vegetables and other garden
produce for home consumption by the individuals or families directly
engaged in such production or for food donations. [Added 7-10-
1985 by Ord. No. 85-6]
COMMUNITY GARDEN. A lot that is specifically intended to be
gardened by a group of people, with membership open to the
public, operating in association with each other and unde r
sponsorship by a nonprofit or voluntary organization utilizing
either individual or shared plots on private or public land. The
land may produce fruit, vegetables, and other garden produce;
culinary, medicinal, or beneficial plants; and/or ornamentals. It
may also contain structures intended to support year round
gardening, community events or education of the gardening
process.
Section 2. Chapter 325, Section 325-9, Special Permits, be amended to remove
Community Gardens from this section, to read as follows:
§ 325-9 Special Permits
B. Applicability.
(1.) The uses listed under the district regulations in §325-8,
District Regulations, which require a special permit from
the Planning and Development Board are as follows:
(m)Community or neighborhood [Community or
neighborhood] Neighborhood gardens in all districts.
F. Expiration and Renewals.
(1.) Special permits do not expire, with the following exceptions:
(d) A community or neighborhood garden special permit
shall expire automatically if the site is not used as a
community or neighborhood garden, as defined in
§325-3, for one complete garden season.
(1) If a community or neighborhood garden special
permit should expire, a new application must be
submitted pursuant to §325-9C of this chapter.
Section 3. Chapter 325, Section 325-10, Additional Conditions for Special Permits, be
amended to remove Community Gardens from this section, to read as follows:
§325-10 Additional Conditions for Special Permits
B. Applicability. All uses allowed by special permit shall be subject to the
criteria set forth in §325-9, Special Permits. In addition, accessory
apartments, bed-and-breakfast homes, bed-and-breakfast inns,
[community or] [n[Neighborhood gardens, and schools and related
uses shall be subject to additional conditions as set forth in §325-10C.
C. Additional Conditions.
(3) Community or nNeighborhood gardens. The following specific
conditions shall be applicable to all special permits for community
or nneighborhood gardens:
(n) Approved special permits for community and
neighborhood gardens shall be reviewed by the
Director of Planning and Development or designee at
least annually for compliance with the above noted
conditions and other conditions specific to each
permit’s approval. If, following such review or
investigation of any complaint, the Director of
Planning and Development or designee determines
that a substantial violation exists, notice of such
violation shall be mailed to the designated contact
person, requiring that such violation be corrected
within 15 days. If satisfactory correction is not made,
the special permit may be revoked by the Director of
Planning and Development or designee.
(o) In consideration of the fact that such gardens may be
of an interim nature, may occupy only a portion of a
parcel and may be located on property unsuited for
other uses permitted under this chapter, the district
regulations specified for permitted uses under §325-8
of this chapter shall be superseded, where applicable,
by the following regulations for community or
neighborhood gardens:
Section 4. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: January 17, 2020
RE: Proposal to Amend the Zoning Code Regarding Community Gardens
The purpose of this memo is to provide information regarding a proposal to make minor amendments
to the zoning code regarding community gardens.
At last month’s meeting the Committee discussed a proposal to amend the City Code in order to
clarify the definition of community gardens, to add a new definition for neighborhood gardens, and
to amend the guidelines for special permit requirements for neighborhood gardens. The Committee
directed staff to circulate the proposal for comments. The proposed amendments were circulated
and also submitted to the Tompkins County Department of Planning and Sustainability for
review pursuant to §239-l-m of New York State General Municipal Law. The County’s response
is enclosed. No other comments have been submitted to date. Also enclosed for your
consideration is the completed Short Environmental Assessment Form, and draft resolutions for
declaration of lead agency and determination of environmental significance.
If you have questions or require additional information, please feel free to contact me at
jenniferk@cityofithaca.org.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
Page 1 of 3
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
NO YES
2.Does the proposed action require a permit, approval or funding from any other government Agency?
If Yes, list agency(s) name and permit or approval:NO YES
3.a. Total acreage of the site of the proposed action? __________ acres
b. Total acreage to be physically disturbed? __________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? __________ acres
4.Check all land uses that occur on, are adjoining or near the proposed action:
5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban)
Aquatic Other(Specify):□ Forest Agriculture
□ Parkland
SEAF 2019
Page 2 of 3
5.Is the proposed action,
a.A permitted use under the zoning regulations?
b.Consistent with the adopted comprehensive plan?
NO YES N/A
6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES
7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify: ________________________________________________________________________________
NO YES
8.a. Will the proposed action result in a substantial increase in traffic above present levels?
b.Are public transportation services available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed
action?
NO YES
9.Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
10.Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water: _________________________________________
_____________________________________________________________________________________________
NO YES
11.Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ______________________________________
_____________________________________________________________________________________________
NO YES
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
NO YES
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district
which is listed on the National or State Register of Historic Places, or that has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
Page 1 of 2
Part 2
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or
small
impact
may
occur
Moderate
to large
impact
may
occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
SEAF 2019
Proposal to Amend the Zoning Code R
12/19/2019
PRINT FORM
Svante Myrick
Mayor
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325
Entitled “Zoning” In Order to Establish Regulations for the Development of
Accessory Dwelling Units
A. Declaration of Lead Agency – Resolution
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 zoning amendment is a “Unlisted” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires 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 establishment of regulations regarding
accessory dwelling units.
B. Determination of Environmental Significance – Resolution
WHEREAS, demand for additional housing development has resulted in an increase in
residential infill development within neighborhoods in the City; and
WHEREAS, the City would like to allow for appropriate levels of residential development
of accessory dwelling units, while also protecting neighborhoods from development that
is out of scale and character with the surrounding neighborhoods; and
WHEREAS, in August 2019, staff held a community conversation on accessory dwelling
units and solicited comments from the public; and
WHEREAS, staff evaluated all of the public feedback and spent several months
evaluating options to regulate accessory dwelling units, while taking into consideration
public concerns; and
WHEREAS, staff has drafted an ordinance that will establish guidelines for developing
accessory dwelling units in the R-1 and R-2, CR-1, and CR-2 zoning districts; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated November 22,
2019; and
WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated November 22, 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.
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325
Entitled “Zoning” In Order to Establish Regulations for the Development of
Accessory Dwelling Units
WHEREAS, in 2017, the City established the South Hill Overlay District (SHOD) in
response to concerns that were raised by the South Hill neighborhood rapid in-fill
development of multiple primary structures (in the neighborhood and the impacts on
both the aesthetic qualities and the character of the neighborhood; and
WHEREAS, the SHOD was intended to be a temporary measure to prevent further
development until the City could establish regulations for this type of infill (ADUs); and
WHEREAS, in the interim, similar concerns about development pressure were raised
throughout the City; and
WHEREAS, City staff were directed to research how infill (ADUs) development is
regulated in other municipalities; and
WHEREAS, Planning Staff spent several months researching other communities and
developing proposals to encourage the development of accessory dwelling units (ADUs)
that would protect neighborhoods while allowing for housing options that could provide
property owners with additional income; and
WHEREAS, on August 29, 2019, a community meeting was held, with approximately 70
people in attendance, who offered opinions on options to allow the development of
appropriate ADUs; and
WHEREAS, staff has considered feedback from the public, the Common Council, and
other communities and has developed a set of regulations allowing property owners to
develop ADUs, where appropriate, and the means to protect neighborhoods from the
negative impacts of over development; now, therefore
ORDINANCE NO. 2020-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the City of Ithaca Municipal Code entitled, “Zoning”, be amended as
follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca, entitled
“Definitions and Word Usage”, is hereby amended to add the following new definitions:
Accessory Dwelling Unit (ADU)— A second dwelling unit located in the rear or
side yard on a lot with any one-family dwelling in R-1 and CR-1 zoning districts, or in
any one-family dwelling or two-family dwelling in R-2 and CR-2 zoning districts (see
Section 2F (3)(d). The second unit is created secondary to, and is always smaller than
the primary one-family dwelling. The unit includes its own independent habitable space
including provision for sleeping, cooking, and sanitation, and is designed to be occupied
by an individual or a family, plus not more than one unrelated occupant, independent of
the primary dwelling unit.
1. Attached Accessory Dwelling Unit (AADU) – A room or set of rooms, basement,
or any other space that is located within a primary structure, but is established as a
separate dwelling unit. AADUs may be occupied by an individual or a family, plus
not more than one unrelated occupant.
2. Detached Accessory Dwelling Unit (DADU) – A separate dwelling unit that is
constructed on a single family lot that is not connected to the primary structure.
DADUs may be occupied by an individual or a family, plus not more than one
unrelated occupant.
3. Out Building Conversion - A separate dwelling unit that is converted from an
existing garage, carriage house, or other accessory structure. Out Building
Conversion’s may be occupied by an individual or a family, plus not more than one
unrelated occupant.
Contiguous Green Space - Green Space on a lot that is uninterrupted by structures or
paved surfaces. Contiguous green space must be at least 15’ in width.
Section 2. Chapter 325-8 of the City of Ithaca Municipal Code entitled “District
Regulations”, is hereby amended to add a new section F, entitled “Additional
Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning Districts”, to read as follows:
F. Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning Districts.
(1) Intent. This section authorizes the installation of accessory dwelling units
in the R-1, R-2, CR-1, and CR-2 districts. The purpose and intent of
permitting accessory dwelling units is:
(a) To provide homeowners, especially those of low and moderate
income, with a means of obtaining through rental income,
companionship, security and services and thereby to enable them
to stay more comfortably in homes and neighborhoods they might
be forced to leave.
(b) To add inexpensive rental units to the housing stock to meet the
needs of smaller households, both young and old.
(c) To make housing units available to low and moderate income
households who might otherwise have difficulty finding homes
within the City.
(d) To develop housing units in family neighborhoods that are
appropriate for households at a variety of stages in the lifecycle,
thereby lessening fluctuations in neighborhood demand for
services.
(e) To preserve and allow more efficient use of the City’s existing stock
of dwellings while ensuring healthy and safe living environments.
(f) To allow for the creation of additional housing, while minimizing
impacts to surrounding properties.
(2) General Restrictions.
(a) In the R-1, R-2, CR-1, and CR-2 Zoning Districts, only one primary
structure is permitted as of right.
(3) Additional Requirements for Accessory Dwelling Units
(a) All Accessory Dwelling Units that have any exterior changes to
existing structures or any new ADUs that are new construction are
subject to site plan review.
(b) Number of Accessory Dwelling Units. Only one accessory dwelling
unit, attached or detached, is permitted on a lot.
(c) Parking. No additional parking is required for accessory dwelling
units.
(d) Location. Accessory Dwelling Units may be located on any lot in the
CR-1 or R-1 zoning district that contains a one-family dwelling and
on any lot in the CR-2 and R-2 zoning district that contains a one-
or two-family dwelling. ADUs are permitted in any side or rear yard
but not in the required front yard. Corner Lots shall be considered
to have two front yards.
(e) Additional Requirements for Detached ADUs.
[1] Notwithstanding any other requirements of this section,
Setbacks for ADUs are consistent with existing zoning
setbacks for primary structures
[2] A DADU may not be placed less than 5 feet from the primary
structure.
[3] ADUs are not subject to the maximum lot coverage
requirement, however, properties with ADUs are required to
maintain 35% contiguous green space.
.
(f) Number of Residents. Accessory Dwelling Units may be occupied
by an individual or a family, plus not more than one unrelated
occupant.
(g) Appearance of Accessory Dwelling Units. Accessory Dwelling Units
should not disrupt the overall architectural character of the
neighborhood. A similar architectural style and roof pitch should
connect the primary structure to the accessory dwelling unit.
[1] Location of Entrances. New or additional front entrances are
discouraged, but in any event must be compatible with the
architectural style of the existing structure. Detached
accessory dwelling units (DADU) are exempt from this
standard.
(h) Size Allowances.
[1] Detached Accessory Dwelling Units- The maximum size of a
DADU may be no more than 75% of the habitable area of
the primary structure or 800 square feet, whichever is less.
[2] Attached Accessory Dwelling Units- The maximum size of an
AADU that is added onto the existing structure may be no
more than 33.3% of the habitable area of the primary
structure. AADUs which do not change the exterior
appearance of the primary structure have no maximum size
limit.
[3] Out Building Conversion- Outbuilding conversions are
exempt from all area requirements, including maximum lot
coverage requirements, minimum green space
requirements, and any setback requirements.
Section 3. Chapter 325-10 of the Municipal Code of the City of Ithaca, entitled
“Accessory Apartments”, is hereby deleted in its entirety.
Section 4. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 5. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 6. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
To: Common Council
From: Jennifer Kusznir, Senior Planner
Alexander Phillips, Planner
Date: January 30, 2020
Re: Establishment of Regulations for Accessory Dwelling Units (ADUs)
The purpose of this memo is to provide information on a proposal to establish regulations for developing
ADUs in the R-1 and R-2 zoning districts.
Concerns were raised regarding infill housing development in the R-1 and R-2 Zoning Districts that is
not in character with the surrounding neighborhood. The Planning Department has worked over the past
year evaluating the issues and researching different options, has held public discussions and has been at
the Planning Committee repeatedly in order to develop the enclosed draft ordinance. In November of
2019, staff was directed to circulate a draft ordinance for comments. At the December Planning
Committee meeting staff presented a summary of comments received, many of which had been received
the day of the meeting, including a letter from Tompkins County Planning Commissioner that stated
that the ordinance as written would require a super majority vote unless amended. Staff also presented
an updated ordinance that contained recommended changes based on the comments that had been
received. At the meeting the proposal was discussed, but ultimately tabled because of the late arrival of
the comments and the need to clarify what was being requested by the County. After the meeting staff
corresponded with the County to provide additional information and the updated draft ordinance that
contained the recommended staff changes. This version of the ordinance that was considered and voted
on by the Planning Committee meeting at their January meeting was reviewed by the County, however,
it contained some changes that were not re-circulated. These changes were made in response to the
comments that were received. Generally, our practice is to recirculate draft ordinances if there are
significant changes made. The changes in this draft ordinance include the following:
Language was added to provide the minimum width for contiguous greenspace of 15’ and new
diagrams were added. Staff feels that these changes are not significant changes, since they were
only meant clarify the language that was already circulated.
Language was added that states that there is no maximum size for an attached accessory dwelling
unit (AADU), if it doesn't change the exterior of the structure. This language was added in
response to the Planning Board recommendations. This is a potentially significant change that
can be removed or can be recirculated for comment.
The Planning Committee voted to change the ordinance to include language allowing multiple
primary structure by special permit. This is a potentially significant change that was added in
response to the County’s request. If the Council decides to remove this language the ordinance
will require a super majority vote in order to be adopted.
An environmental review of this action has been completed. Draft resolutions for Lead Agency, and
environmental significance are enclosed. If you have any concerns or questions regarding any of this
information, feel free to contact us at 274-6410.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
10. CITY ADMINISTRATION COMMITTEE:
10.1 City Apprenticeship Incentive Program for Public Works Contracts –
Resolution
WHEREAS, the City of Ithaca, from time to time, undertakes construction contracts
which involve the construction, reconstruction, improvement, or rehabilitation of
buildings, facilities, and structures in the City of Ithaca; and
WHEREAS, the City of Ithaca is making considerable efforts to increase the number of
jobs in the city, and is consistently advocating for quality employment opportunities for
city residents, in particular young people in the city; and
WHEREAS, maintaining a qualified and skilled labor force is essential to a healthy and
dynamic local economy; and
WHEREAS, per Common Council resolution of January 2005, the City previously
required all contracts in excess of $500,000 to include apprenticeship programs,
repealing that requirement in December 2010 due to the “substantial expense incurred
by the City … without a showing that this extra expense resulted in the local job creation
that was originally intended; internal administrative problems associated with the
selection process for qualified bidders …”; and
WHEREAS, the City has successfully implemented and/or funded other workforce
development programs such as the Hospitality Employment Training Program, the
Finger Lakes ReUse Job Skills Training program, and an internship program in the
City’s Department of Public Works, each of which have successfully developed a talent
pool of benefit to the City; and
WHEREAS, the Common Council is committed to providing such additional funding to
pending, already-funded 2020 projects as may be necessary to cover the expenses of
this Program’s cost arising from those projects; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby establish the
City Apprenticeship Incentive Program as follows:
1. Any contractor that is awarded a contract by the City of Ithaca, and any
subcontractors to that contractor, shall thereafter be eligible to participate in
the City Apprenticeship Incentive Program for purposes of fulfillment of the
awarded contract, thereby receiving:
a. An incentive of $5 per hour for each hour worked by an eligible
apprentice on the awarded contract, subject to a minimum of 100-
hours of apprentice work on the project per Program-participating
contractor or subcontractor,
b. up to an aggregate project-wide maximum of 2% of the total
contract amount.
2. In order to qualify under the preceding paragraph, the contractor and/or
subcontractors must:
a. reasonably demonstrate as part of its application to the Program that
the eligible apprentices to be employed on the project are either (or
both)
i residents of the City of Ithaca, or
ii residents of Tompkins County who also either satisfy the
definition of “minority group member” in New York State
Executive Law Section 310(8) or are women (or both), and
b. maintain or participate in a bona fide New York State Apprentice
Program approved by, and with a graduation rate of at least thirty
percent as determined by, the Division of Apprentice Training of the
Department of Labor for each apprenticable trade or occupation
represented in their workforce and must abide by the apprentice to
journeyman ratio for each trade prescribed therein in the performance
of the contract,
; and, be it further
RESOLVED, That Common Council directs that the City Apprenticeship Incentive
Program be funded by the department responsible for funding of each associated
contracts, except that where the City has agreed to bid out a contract for an outside
entity (generally, a non-profit organization), which outside entity is in fact paying the cost
of that contract in part or whole, the outside entity shall also be responsible for
reimbursing the City for the out-of-pocket costs of the Program incurred by the City in
connection with that contract; and, be it further
RESOLVED, That the department responsible for accepting the certified payroll of the
contractor pursuant to any given public works contract shall also be the department
responsible for administering the Program with respect to that project, in accord with a
Program Participation Agreement, including by tracking the per-project costs of this
Program; and, be it further
RESOLVED, That the Engineering Office of the Department of Public Works together
with the City Attorney’s Office and the Controller’s Office shall prepare a template
Program Participation Agreement for use under this Program, containing recommended
terms not inconsistent with this resolution; and, be it further
RESOLVED, That this resolution shall take effect 90 days after passage.
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Brock - A Resolution Authorizing Implementation and Funding
in the First Instance 100% of the Federal Aid-Eligible Costs and Program-Aid
Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds
Therefore
WHEREAS, a Project for the Hector Street Complete Street, P.I.N. 395063 (the
“Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the
apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of all phases of the Project; and
WHEREAS, on July 5, 2017, Common Council authorized Capital Project #846 for this
Project in the amount of $331,800 for preliminary engineering/final design of the project,
with the understanding that the City share would be $66,360 to be covered by Sidewalk
Improvement District #5; and
WHEREAS, the Board of Public Works, acting as the lead agency, declared on May 15,
2018, that the project would not have a significant negative environmental impact in
accordance with the City Environmental Quality Review Ordinance and the New York
State Environmental Quality Review Act; and
WHEREAS, on August 7, 2020, Common Council authorized an amendment to CP
#846, Hector Street Complete Street, to bring the total authorized budget to $2,500,000,
which included $1,400,000 in federal aid, and $1,100,000 in non-federal aid, which was
comprised of City general fund borrowing, Sidewalk Improvement District (SID) 5
funding (both operating and financed), NYS Consolidated Highway Improvement
Program (CHIPs), and Town of Ithaca funding; and
WHEREAS, on January 16, 2020, construction bids were opened and the qualified, low-
bidder’s price was $2,264,689, which, in addition to Engineering and Construction
Inspection costs, requires a total project budget of $2,740,000 in order to award the
construction contract, a difference of $240,000 from the authorized budget; and
WHEREAS, staff has identified the following additional funding sources that can be
applied against this $240,000 difference, namely, an additional $50,000 from Town of
Ithaca and approximately $70,000 in additional fund balance from SID 5, leaving a gap
of $120,000 to be filled; now, therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project;
and, be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of all phases of
work for the Project or portions thereof; and, be it further
RESOLVED, That Common Council hereby amends Capital Project #846 in the amount
of $240,000 for a total project authorization of $2,740,000, of which addition it is
expected that $120,000 will be General Fund borrowing in addition to the $350,000
previously authorized in the 2019 Capital Budget; and, be it further
RESOLVED, That the sum of $2,740,000 is hereby appropriated from the issuance of
serial bonds and made available to cover the cost of participation in the above phase of
the Project; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca General Fund will be roughly 17% of said portion,
currently estimated at $470,000 of the $2,740,000 authorized for this portion of the
project, in monies and in-kind services as managed by the Superintendent of Public
Works and monitored by the City Controller, with the balance of other funds currently
estimated as follows:
$1,400,000 in federal-aid
$360,000 approved via 2019 SID #5 capital project cost
$205,000 approved via SID #5 (Fund Balance for Hector St)
$209,000 from CHIPS reimbursement
$70,000 Town of Ithaca for share of work in Town
$26,000 from 2020 SID #5 Work Plan
; and, be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements and the Superintendent of Public Works is hereby
authorized to execute all necessary certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, be it further
RESOLVED, That this Resolution shall take effect immediately.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
Office of City Engineer
Telephone: 607 / 274-6530 Fax: 607 / 274-6415
To: Common Council
From: John Licitra, Sidewalk Program Manager
Tim Logue, Director of Engineering
Date: 29 January 2020
Re: Hector Street Complete Street Project
Please find enclosed a resolution authorizing the additional funding for the
Transportation Alternatives Program (TAP) federal-aid project known as Hector
Street Complete Street. This project was authorized by Common Council on Aug
7th, 2019 at a not to exceed amount of $2.5 million for engineering and
construction project costs. Of this amount, 80% is federal aid eligible, but capped
at $1.4M maximum reimbursement.
On January 16, 2020, construction bids were opened and the low bid was Bothar
Construction at $2,264,689. While this bid is about 9% over the engineer’s
estimate, it is $456,000 lower than the next bidder. The Engineering division is
recommending award of contract, contingent on a budget amendment.
Unfortunately, we are asking for a member file petition in order to stay within
the 45 day bidding terms to award the contract, and to ensure that selective tree
cutting will occur before March 31st for the protection of the Northern Long-
Eared Bat, a federally protected species. While the total project authorization
needs to be increased by $240,000, staff has worked with the Town of Ithaca
towards an agreement that the Town will contribute $50,000 toward this amount,
and staff has worked with the Controller’s office to identify approximately
$70,000 from Sidewalk Improvement District 5’s fund balance.
The proposed project total cost is $2.74M. With $1.4M available in federal aid, the
local share will be $1.34M as a local share, paid via the following sources:
$470,000 total proposed for 2019 General Fund Capital
Project program
$360,000 previously approved in 2019 SID#5 capital project
costs
$205,000 approved via SID#5 (Fund Balance for Hector St)
$209,000 from NYS Consolidated Highway Improvement
Program (CHIPs) reimbursement
$70,000 Town of Ithaca contribution toward local share
$26,000 from 2020 SID#5 Work Plan
There are two reasons why we are comfortable recommending an increase to the
project budget to be funded by general fund borrowing. First is that we need it to
authorize the contract, but we might not need much of it in practice. Already
included in the contract is a field change order worth about $100,000. This item is
like a built in change order. If we need it, we use it and it's already built-in to the
contract. If we don't, we get it back in a negative change order at the end of the
project. In our experience, more than half the time, we don't use more than a
quarter of the field change item. So that might reduce our need by $75,000. We
are also looking at a few cost savings by reducing the scope of work (e.g., reusing
some catch basins instead of using new, and possibly eliminating some work at
the bottom of the hill). These items could save us $30,000 and $100,000
respectively. We are still exploring them with our engineer, but we think there is
a good chance we can do one or maybe both.
The second reason is that we feel that the low bid is a good one. The other two
were over $450,000 higher. We know Bothar and they are a qualified bidder. It
seems these days, all our bid prices are higher than our engineer's estimate, due
to our construction climate with high demand for labor and increasing material
costs. We also think there is a compelling argument why the general fund should
pick up this balance - primarily that the scope of work has increased to
accommodate some DPW needs that are only tangentially related to sidewalk -
$100,000 for new culvert headwalls, over $240,000 in storm sewer work, about
$130,000 in new curbing, and an improved road realignment at Vinegar Hill.
Also, we shifted the road to the south in the upper curve in order to minimize
the grading impacts on neighbors to the north. And, lastly, we've committed
quite a bit of SID 5 funding (about $200,000 in fund balance and about $360,000
in financed work), and think it would be too much to bond further against the
district.
If you have any specific questions about the project, please let us know. You can
reach John directly at 274-6534 or JLicitra@cityofithaca.org. You can reach Tim at
274-6535 or TLogue@cityofithaca.org.
13.2 Mayor Myrick - Community Conference Center Project - Commitment To
Pursue A City Of Ithaca Hotel Occupancy Tax And Commitment To Provide A
Shared Financial Guarantee With Tompkins County - Resolution
WHEREAS, a Conference Center Organizing Committee comprised of multiple
stakeholder groups including Tompkins County, the City of Ithaca, the Tompkins County
Chamber of Commerce, the Ithaca Tompkins County Convention and Visitors Bureau
(CVB), the Downtown Ithaca Alliance (DIA), the Ithaca Urban Renewal Agency (IURA),
the Tompkins County Strategic Tourism Planning Board (STPB), Tompkins County Area
Development (TCAD), and the local hotel industry has been meeting regularly for over a
year to create a financially feasible and operationally sound strategy for developing and
funding a conference center project; and
WHEREAS, the City of Ithaca recognizes the importance of the tourism and hospitality
economy to Tompkins County as a major economic sector, which in 2018 generated
$227 million in economic activity, over $16.7 million in local taxes, supported $746 per
household in property tax savings, and supported over 2,600 in direct local jobs; and
WHEREAS, two market demand and feasibility study projects were performed in the
last year and funded through County Tourism Program funds, and both of these studies
demonstrated the market demand for a new conference center in Ithaca and projected
the appropriate size and capacity of the center; and
WHEREAS, Tompkins provided funds for a consulting engagement between the CVB
and Civitas to assist in the creation of a viable and reliable lodging industry stream of
income for a conference center project; and
WHEREAS, a successful Community Conference Center project will be an asset for the
City of Ithaca resulting in significant increased room tax and sales tax revenues, the
addition of new direct and indirect jobs; significant economic impact beyond center
operations through the purchase of supplies and services; an estimated 22,000 new
room nights as well as annual visitation of over 63,000 after center operations are
stabilized in year five; and
WHEREAS, recognizing the economic development value to the City, County and
Southern Tier Region, the State of New York has awarded the Tompkins County
Chamber of Commerce Foundation a $5.0 million grant through Southern Tier Regional
Economic Development Council to establish base equity in support of the Community
Conference Center project; and
WHEREAS, the Board of Directors of the Downtown Ithaca Alliance (DIA) has voted to
support and endorse possible ownership of the project and, if required, will provide a
baseline guarantee of fiscal support up to $25,000 per year to ensure that lease
payment obligations are met; and
WHEREAS, it is anticipated that Vecino Group would own the Green Street Garage
property and enter into a 30-year lease with the DIA for the conference center portion of
the project and that the DIA would hire a professional operator to run the center; and
WHEREAS, a municipal financial guarantee has also been requested from the City of
Ithaca and Tompkins County for the approximate annual $1.5M lease payment for the
duration of the debt project financing period to secure project financing for the
Community Conference Center; and
WHEREAS, a City hotel room occupancy tax - which requires the adoption of a state
enabling law specific to the City of Ithaca as well as the adoption of a new local law - is
the preferred means of securing a new source of annual funding from the lodging
industry to support the financing, operations and reserves for the Center; and
WHEREAS, a City tourism improvement district (TID), has been identified as a
secondary option in lieu of hotel room occupancy tax for generating the required
revenues from the lodging industry for the conference center, which does not require
action by the State Legislature; and
WHEREAS, the project plan includes the development and long term management of
several reserve funds that would serve to protect all involved parties, including:
Operating Reserve Fund - to provide assurance to operator during years when
the annual operating loss exceeds revenues for direct conference center
operations
FF&E/Capital Replacement Fund - to ensure replacement, repair, and
replenishment as needed of all furnishing, fixtures, and equipment of the
conference center
Rental Reserve Fund - to ensure additional protection for DIA to mitigate any
cash flow concerns and ensure two months of lease payments are available to
DIA at all times
Developer Operating Reserve Fund - to be established and held by Vecino as
required by their lender, and maintained to equal two months’ rent throughout
lease term; and
WHEREAS the Tompkins County Legislature has expressed its willingness to enter into
an agreement with the City of Ithaca to support the City’s financial guarantee for the
annual project lease payments throughout the life of the lease; and
WHEREAS the Tompkins County Legislature has agreed that should the new City of
Ithaca hotel room occupancy tax or TID revenues not cover annual lease payments,
and all reserve funds are depleted, and the DIA financial support is exhausted, the
Tompkins County Legislature will commit revenues from County hotel room occupancy
tax for the purposes of generating additional funds to support a portion of the City
financial guarantee for annual lease payments; and
WHEREAS, the aforementioned reserve funds except for the Developer Operating
Reserve Fund will be managed by the Downtown Ithaca Alliance, or its subsidiary, as
project owner; and DIA or its subsidiary shall report the balances of each fund to the
City of Ithaca on at least a quarterly basis; and
WHEREAS, there is a deadline of February 6, 2020 for the IURA, in consultation with
Vecino Group, to decide whether the Community Conference Center project has a
financially feasible and implementable plan for moving forward as part of the overall
Green Street Garage project; now, therefore be it:
1. RESOLVED, That the City of Ithaca Common Council supports the development
of the community conference center project; and, be it further
2. RESOLVED, That the City of Ithaca Common Council does hereby express its
commitment to provide a financial guarantee for the project financing to be
shared with Tompkins County throughout the life of the lease, and behind a
limited financial guarantee of the Ithaca Downtown Alliance, subject to
establishment of a City hotel room occupancy tax or tourism improvement district
revenue source in an amount sufficient to pay rent and projected operating
deficits; and, be it further
3. RESOLVED That the City of Ithaca Common Council commits to pursuing New
York State authorization for the establishment of a new City hotel room
occupancy tax and subsequent adoption of a new local law to provide the
necessary revenues from the lodging industry to support the conference center
project; and, be it further
4. RESOLVED, That in the event that the New York State does not support the
establishment of a new City hotel room occupancy tax as anticipated, the City of
Ithaca Common Council expresses its interest and support for instead pursuing a
City tourism improvement district which can be established through local action;
and, be it further
5. RESOLVED, That the City of Ithaca will explore additional methods for mitigating
risk to the City, including, but not limited to establishing a reserve fund at the City
to be capitalized with initial City hotel room occupancy tax funds to be used for
risk mitigation and future funds dedicated to the long term fiscal support of the
project; and, be it further
6. RESOLVED, That the City of Ithaca Commons Council authorizes the Mayor,
subject to review by the City Attorney, to execute a memorandum of agreement
with Tompkins County outlining roles and responsibilities on the shared financial
guarantee for the Conference Center lease; and, be it further
7. RESOLVED, That the City of Ithaca Common Council authorizes the Mayor,
subject to review by the City Attorney and satisfaction with the terms of the City-
County MOU on the roles and responsibilities for the shared financial guarantee,
to execute a memorandum of agreement with Vecino Group to commit to enter
into a legally binding lease guarantee for the Conference Center, and further
requests staff to continue its work with the conference center organizing
committee to ensure the best possible project be planned, developed, and
operated on behalf of the residents of the City of Ithaca.
DowntownIthacaCommunityConferenceCenterReport,1/31/201|Page
THEDOWNTOWNCOMMUNITYCONFERENCECENTER
AREPORTTOTHECITYOFITHACACOMMONCOUNCIL
January31,2020
This summary report is intended to accompany the formal presentation of the Community
Conference Center organizing Committee on the proposed Downtown Community Conference
Center project. The report is divided into six sections:
(1) Financial and community benefit of the conference center
(2) Market feasibility and demand
(3) Project physical description
(4) The deal structure and roles of each participant (City, County, DIA, hotels)
(5) How room tax/TID revenue sources work, and why guarantors can be comfortable that at
least $1.9M will be received annually
(6) Explanation of the guarantee, including the maximum financial liability, length of the
guarantee and why it should not need to be called on.
This memorandum has been prepared by Gary Ferguson on behalf of the Downtown Community
Conference Center Organizing Committee.
Other attachments: Conference Center summary handout, risk memo, Construction Sources and
uses statement, Draft Ten-year operating pro-forma, Vecino project sketches
PartOne
FinancialandCommunityBenefit
Whyisthisprojectimportanttothecommunity?
Theconferencecenterprojectdeliversanumberofimportantbenefitstoourcommunity:
Ͳ Itisalongtermcommunityinfrastructureasset.TheCenterwillserveourcommunityfor
decades.ThisisaninvestmentinthefutureofIthacaandTompkinsCounty.
Ͳ Itcreatesanindoorlargeformatpublicmeeting&eventspace.Wedonothavesuchaspace
forcommunityuseintheregion.Ourcitizensandourorganizationsneedsuchaspace.
Ͳ Itisasignificantvisitortrafficgenerator.Aconferencecenterrepresentsthelargestandmost
significantprojectwecanundertaketobolsterourhospitalitybusinessesatthistime.
Ͳ Itprovidesroomtaxstabilizationandgrowth.Thetourismindustryneedsmoredemandtofill
theroomswehaveandtomaintainandgrowtheroomtaxthatsupportssomanyofour
communityinstitutionsthroughouttheCityandCounty.
Ͳ Itprovidesnewsalestaxgrowth.Withnewroomtaxcomesadditionalnewsalestax.Half
emptyhotelsrepresentlosttaxrevenueopportunityfortheCityandCounty.
Ͳ Itprovidesamajorfoottrafficboosttothedowntowneconomy.DowntownIthaca’ssmall
retailandrestaurantbusinessesrelyonvisitorandtourismtrafficforatleasthalfoftheirannual
sales.Aconferencecenterwillboostdowntownfoottrafficandmateriallyhelpthese
businesses.
Back-Up Item 13.2
It is a job creator. The center itself will result in up to 60 new jobs, many available to people
ea rning low- and moderate-incomes.
It preserves and retains hospitality sector jobs. The conference center will help to strengthen
the hospitality industry and its 2,600 countywide jobs. By filling in currently high vacancy dates,
the project will help preserve and grow job stability in the industry.
Why is this project important to the City of lthaca?
The conference center project delivers real and tangible benefits that will directly benefit our City as
well as all County residents:
- lt builds and strengthens our local hospitality and tourism industry.
- lt retains and builds wealth here in lthaca and Tompkins County.
- lt grows the lodging tax that supports arts, culture, and nonprofit organizations in the City and
countywide.
- lt helps create and sustain low/moderate income jobs in our hospitality sector, and offers more
full employment opportunities for those who are marginally or seasonally employed.
- lt strengthens our local community businesses.
- lt builds a lasting and enduring community asset at an optimal City location.
How will the conference center benefit City residents and businesses?
Located in the heart of Downtown lthaca, this project will deliver important benefits to the city and its
residents and businesses:
- This pro.ject will generate considerable new foot traffic and overnight stays in the City. This foot
traffic, in turn, results in new spending at our retails shops, restaurants, entertainment venues,
and of course, hotels.
- Hotels and other lodging properties throughout the City will see increased occupancy and rates.
This increase will be immediately felt in the major downtown hotels. As these downtown hotels
fill, overflow is channeled citywide. A number of conference attendees will choose lower price
point hotels located outside of downtown in other parts of the city and beyond.
- Room tax revenues will increase - room tax investments benefit the City and the entire
community, including arts & culture, events & festivals, outdoor recreation, theatres, museums,
parks, and trails throughout the City and beyond.
- City sales tax revenues will increase.
2lPageDowntown lthaca Community Conference Center Repotl, 1'l3Ll2O
Who wants this center?
This project represents the aspirations and interests of a broad cross section of people and groups:
- Cityand regionaltourism/hospitalitystakeholders
- The city and county lodging industry
- Hundreds of City lodging workers
- The business community/our small local businesses who depend on tourism for their survival.
- Nonprofit organizations and other recipients of lodging room tax.
- City and county groups and organizations who can and will use the new facility.
- City and county residents who are affiliated with organizations and associations.
Part Two
Market Feasibility and Demand
Will there be an actual demand to support this center?
Considerable research and study was commissioned to determine demand feasibility for this project.
- lt is important to note that the demand for this project is the result of over a decade of growth
and development. A 2003 Pinnacle study sugBested that Tompkins County was not yet ready at
that time for a conference center.
- 2016 and 2018/1.9 demand studies were performed by the nationalconsulting firm Hunden
Strategic Partners.
- The demand is made possible by the clustering of 585 downtown hotel rooms.
- A dynamic downtown/Commons center and is attractive to conference-goers and meeting
planners who make decisions on booking business.
- The 2018/19 Hunden study projected 180 events per year.
- The study projected nearly 63,000 attendees per year.
- The study estimated 22,000 new room nights per year.
- Demand will be driven by local higher education (Cornell and lC) and state associations, as well
as local demand for large space
- The project will substitute for the loss of The Space and the Women's Community Building.
Why Downtown and why link it to the Vecino project?
The Hunden study was clear. The project needs to be located in downtown lthaca. Reasons include:
- The center needs to be adjacent to a major cluster of hotels.
- The center needs to be in a walkable attraction and draw that will entice people to visit.
- The Vecino site is adjacent or near to 1,000 garage parking spaces.
- The Vecino site is located in the center of downtown, within steps of the Commons.
- The Vecino site is equidistant from all major downtown hotels.
- Piggybacking the Center with the Vecino pro.iect helps reduce costs.
- The project will use a City owned site provided at no cost.
The Economic Benefits
The Hunden study provided summary statistics on estimated 20-year economic impacts to the
community. These include:
Net New Spending
- Direct
- lndirect
- lnduced
Total
(in millions)
S186
S53
sz3
5322
3lPageDowntown lthaca Community Conference Center Reporl, 1'l3ll2o
Net New Wage Earnings (in millions)
- From Direct S58
- From lndirect S20
- From lnduced $PTotal 5101
Part Three
Project Physical Description
The center is
A 49,000 SF major indoor public meeting and event space
A 531 million two story facility with high ceilings for large rooms
Located on Green Street in the Vecino Asteri project
Adjacent or near to over 1,000 garage parking spaces
It will be the largest conference facility in the Southern Tier region
It will feature a +/- 72,O0O SF ballroom
It will have 7-8 breakout meeting rooms
It will have pre-function and exhibitor/booth space
It will contain kitchen and catering services
There will be seating for +/- 900 and total capacity +/-1,100
Who has been organizing this effort?
A conference center or8anizing committee, initially created by the Tompkins County Strategic Tourism
Planning Board (STPB), has been working for several years on the development of this project. Key
members are:
- Peggy Coleman, lthaca Tompkins County Convention and Visitors Bureau
- Gary Ferguson, Downtown lthaca Alliance
- Nick Helmholdt, Tompkins County
- Tom Knipe, City of lthaca
- Nels Bohn, lthaca Urban Renewal Agency
- Jennifer Tavares, Tompkins County Chamber of Commerce
- Also helped by Katie Borgella, Jason Molino, Heather McDaniel, STPB, Hotel reps
- Technical assistance and coordination with Vecino Group (developer), Hunden Associates
(feasibility study), Civitas (lodging revenues)
How much does this project cost? What are the costs?
ln simple terms...
- SZt+1- Million total project cost
- 526 M construction
- 55 M soft costs (financing costs, professionalfees, reserves)
See attached sources and uses statement
4lPageDowntown lthaca Community Conference Center Reporl, 7/3712O
What is the conference center?
How are conference centers typically funded around the country?
According to Hunden Strategic Partners and confirmed by our own research and investigation...
- Public conference center projects are typically funded through generalobligation (GO) bond
financing from either a City or County.
- We determined this was not a route to pursue here.
These sources were selected because they are predictable and certain. They can be affirmed by the IURA
on February 6. There could be other possible sources, given more time. One example may be funds from
a city or countywide Tourism lmprovement District.
Does this project cash flow or breakeven?
The organizing committee has pledged that it would only submit a plan that would cash flow and break
even. See the attached summary and ten-year pro forma. The project does indeed break even, with
revenue coming from two primary sources- center operations and the City room tax/TlD.
Who is being asked to do what?
This project requires a number of entitles to work together to undertake and provide specific elements
that all must be assembled to make this a success:
- City - provision of land, PPP through IURA (avoided land acquisition cost of S7.0 M)
- Clty - shared lease guarantee with County
- City - authorize the creation of a citywide room tax or TID
- County- funds for feasibility and market demand studies, and for TID organization assistance
- County - shared lease guarantee with City
- DIA - lease ownership
- DIA - 'first-in' limited annual financial guarantee of 525,000
SlPaBe
Part Four
The Deal Structure and Role of Participants
What are the project capital sources?
Our sources and uses statement shows the following sources of capitalfunding:
- S24 M private financing
- S5.0 M state grants
- S2.5 M accrued lodging industry revenues (City room tax)
- S0.2M-other
- New York State (through Empire State Development) has granted our community 55.0 million in
two grants to incentivize this project.
who owns the center and why?
Ownership is driven by the financing and funding tools used for the project. Under the preferred private
financing path, Vecino would build and own the property and then enter into a long term lease with the
Downtown lthaca Alliance (DlA), who would be tapped to own the facility lease. This arrangement keeps
the project from affecting either City or County debt caps. The DIA is located downtown and is a 501(c)3
community organization that has the capacity and motivation to oversee this enterprise. The DIA
intends to create a new, special purpose nonprofit to oversee conference center operations in order to
protect and preserve existing DIA operations and resources.
Downtow, lthaca Community Conference Center Report, 7l3ll2o
CVB - support sales and marketing efforts of conference center; help identify qualified
operators; bring industry expertise and collaboration from statewide partners
City Hotels - collect and remit room tax/flD revenues
City Hotel guests - pay additional assessment +/-14.5o/.1to support conference center)
New York State - Grants to subsidize and incentivize the project
New York State - Enabling legislation for City room tax
Vecino- secure financinB, construct turnkey project, and lease to community (DlA)
How will a lodging stream of revenue be created?
The primary and recommended route is for the City of lthaca Common Council to authorize the creation
of a citywide room tax. This tax is commonly allowed under state law and will be applied to all lodginB
properties within the City. The tax is paid by hotel patrons and then remitted to the City/County on a
periodic basis. To raise the needed S1.9 million annualtax needed for the project pro forma, a citywide
room occupancy tax of approximately 4.65% will be required.
It is important to note that the creation of a citywide room tax will require enabling legislation specific
to the City of lthaca to be passed by the New York State Legislature. Given that the State has already
expressed strong support for the project through its award of a S5.0 million grant and that the use of
these room tax funds (for the construction and operation of a conference center) will be narrowly
defined in a way that supports the industry, this approval seems very likely.
A City room tax^lD is being proposed to assist the project in two essential ways.
- lt provides some up front capital to help write down the cost of the project. We are estimating
52.5 million, the equivalent of 1.3 years of TID revenues collected prior to project completion.
- The room tax also provides an earmarked lodging stream of income necessary to help cash flow
the project. The annual room tax stream of income provides the primary source of revenues to
pay conference center rent, which Vecino relies on to repay debt to construct the conference
center.
The City Common Council will be asked to create this tool and the organizing hotels are cognizant of
how it would be used to support the conference center project. One point to note: history shows that
room tax revenue will grow over time, as evldenced by the County's 2o+-year history of room tax
collection, including during two major recessions. We have conservatively not considered any ofthis
growth in our pro.jections.
Downtown lthaca Community conference center Reporl,7l37l2o 6 | P a g e
Part Five
Lodging lndustry Revenue and the Project
Working with the City Attorney and City staff and elected leadership, it was determined that there
should be a primary and secondary recommended process for securing the needed lodging stream of
reven ue.
Should the primary citywide room tax route not prove to be feasible, a secondary route that will be
pursued will the creation of a citywide Tourism lmprovement District (TlD), utilizing the City's authority
under New York special benefit assessment district law.
Part Six
Financing & Financial Guarantees
Why is a lease guarantee required? How will it work?
Both the private financing and revenue bond funding options required revenue guarantees. Lenders are
inherently risk averse and always seek multiple layers of protection.
We have proposed and the bank will accept a municipal guarantee package that would involve the City
and County, plus the DlA. While one entity (the City) would sign the lease document, there would be a
formalguarantee participation plan put into place between the City and the County and DIA to split the
risk of the guarantee for the duration of the lease.
It is recommended that the City use a portion of the citywide room tax collected prior to the opening of
the conference center to create its own reserve/contingency fund that could be called upon in the event
of any call for guarantee support. lt is anticipated that this citywide room tax or TID would be created
and approved by December 2020, and would have nearly 2.5 years of collection opportunity prior to the
opening of the center. As previously mentioned, 1.3 years of this pre-opening collection will be
earmarked for construction capital. A portion of the balance can also be earmarked toward a city
reserve/contingency fund for guarantee mitigation.
What protections are put into place to assure that the project can cover costs without turning to the
County and City for activating the guarantee?
why private financing?
Two primary funding options were explored: private financing and revenue bond funding. While both
options can work, the private financing route was selected as the preferred option for several reasons:
- While it had higher interest rates, it involved fewer issuance and financing fees.
- The private financing model had overall lower costs and was a simpler project structure.
- Bond financing by the olA may impact the City's debt capacity/borrowing limits.
ln the private financing model, Vecino retains ownership of the real estate and enters into a lon8 term
lease with the DlA. This model protects both City and County debt caps. But, even though the project
cash flows and has established reserves, the lender will still require public guarantees.
It is possible that guarantee exposure can decrease over time.
Please refer to the attached risk analysis plan that details the specific risks and the protections put into
place to mitigate these risks. Among those mitigations described In this plan are:
- The operating pro forma calls for cash flow/ break even. This project has been designed to work
without subsidy over and above the operations revenues and room taxfilD collections.
- The early ramp up years will have desiBnated extra dollars to cover costs.
- Project reserve funds totaling over S1.5 million will be put into place.
- The City can also create an additional dedicated reserve fund from early room tax collections
and any room tax growth above projected values.
- lncluded is a FFE/capital replacement reserve fund is also in place to assist with capital updating
and repair costs.
Downtown lthaca Community Conference Center Repoft,ll3ll2o 7 | P a g e
The DIA Board has pledged a willingness to extend 525,000 toward a guarantee. This can be
first-in money.
It is also important to note that room tax or TID revenues will grow while lease payment will remain flat.
Our annual pro forma projections do not account for this additional revenue. But, we can count on room
tax revenues to improve dramatically over time, providing an additional layer of protection.
To summarize, the City of lthaca has been previously asked to assist in the development of the project
through including the conference center in the IURA preferred redevelopment plan. This is a significant
decision - it allows the project to be built on a site that does not have any acquisition costs.
Now, the City is being asked to participate in the project with Tompkins County, the DlA, the State of
New York, and area hotels. The specific asks are:
(1) To aBree to create a citywide room tax or TID (if necessary) for the express purpose of
supporting a conference center project; and
(2) To participate with the County and DIA in a revenue guarantee plan for the project financing.
Summary: Role of the City of lthaca
Summary: Why now?
Why not wait until another time? The Conference Center organizing committee believes this is the best
time to move forward with this project:
- The Vecino site is available now, and the deadline to decide the fate for this project at this site is
February 6th.
- We now have the requisite hotel rooms needed to support this project.
- We have documented the demand and the need.
- We have access to no-cost land.
- We have an ideal site location within a block of 585 hotel rooms.
- We have S5.0 million in state grants awarded to the community for this project.
- We have years of preparation and feasibility work.
- We have the backing and support of the STPB and local, regional and state economic
development partners.
- We have a developer willing to build it.
- We have a lender willing to loan funds for it.
- We will protect and grow jobs for hundreds of people in the lodging industry.
- We have a workable model that maximizes benefit and minimizes risk to City and County
taxpayers.
Downtown lthaca Community Conference Center Reporl, l/31/20 8lPage
Downtown lthaca Conference Center
1 / 30/20 2 0 u p d d ted p rolo rm o
Revised Droft Sources & Uses / Pto Fomo
Sources of Funds
Private loan to Developer or DIA Bond
Empire State Development (S4.sM EsD; S5ooK MorketNr)
TID/lodging source Accruat
TCTP Capital Grant (requerBprins2o2o;paidovertwoyeart)
Sponsorship/underwritinE from hotels
Total Sources for Constructlon:
Uses of Funds
Demoliton
Site lmprovement
Construction, Bond, lnsurance, Const MEmt
FurnishinSs, Fi)dures & Equipment (FFE)
Professional Fees
Environmental
soft costs
Contingency (8% oJ shell construction &soft costs)
construction loan Fee
Construction Loan lnterest
Permanent Loan Origination Fee
Vecino OperatinS Reserve (lender required)
FFE/Capital Replacemenl Resetve - initiol copitolizotion
OperatinS Reserve Fund - conltt oqtonont
Rental ReseNe Fund - Fot Lessee (2 months rent)
Subtotol Consttuction, ReseNes & Finoncing:
23,8t4,970
5,000,000
2,500,000 | 1 1/3 yeors accruol
150,000
s0,000
$ 31,s14,970
Total
Development
Budget
300,0@
200,000
20,475,496
1,600,000
1,174,375
140,000
526,300
1,025,000
214,L50
1,440,900
238,1s0
300,000
500,000
5m,m0
3m,mo
29,594,370
lor non-ftxed lurnishings in Lechose scenorio
50% deloyed
PRIVATE
FINANCE
30. YR LEASE
5
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
5
s
7% ol loon
see calculotion ot Annuol Debt Setvice lext box
7% ol bon
50% ol onnuol clebt seNice
s10hl
p@ected totol opefiting delicits ovet 525OK (Huoden)
Total Project Cosls:
5
$
1,920,600
31,514,970
maintaan€d at 7.4% of total construction costs only {not reserves)
' . Fi6t ures otro {r€s€ruer accounts)
Cost/Bond Ollering:
Loon lnlercst Expente:
lnterest Eorned cosh:
Cost:
grc nts/TlD occ, uo l, etc..
il't,'tt-,,
vectno wth 5l)%
s27,114,970
2
4.38%
52,401,ss1
60%
0%
1,44),9@
i0
4.38%
31,514,970
(6,90O,NO)
23,814,970
Revenue
Event Revenue
Space Rental
Equipment Rental
Net Food & Beverage
Event Services lncome
subtotol
Other Revenue
Advertisin&/Sponsorships
Other Revenue
Total operating Revenue
Expensea
Salaries & WaSes
Employee Benefits
PassthrouSh Labor
Maintenance & Repairs
CleaninS
Utilities
Marketing & Advertising/T.ade shows
General & Administrative
lnsurance
Olher Operating Expenses
Management Fee - Operator
Misc other expenses
TotalExpensei
Net Operatint lncome
551 689
10
2l
10
17
11
25
11
30
Year 1
Proforma Operating Statement of Revenue & Expenses (5000's, inflated)
Year2 Year3 Year4 Year5 Year5 YeatT Year8 Yearg Year 10
5104
16
403
28
s142
21
488
38
5175
26
s96
47
5212
755
57
5222
33
793
60
S228
34
813
52
S234
35
833
63
S2oo
30
708
54
5217
33
773
59
S239
36
854
55
844 992 1056 1082 1108 1137 1155 1194
l1
32
11
32
12
33
12
34
12
35
12
36
578 720 880 1033 1099 1125 1153 1183 L2l2 7242
490
123
26
39
32
71
60
47
28
38
58
10
to22
502
L26
34
52
35
16
55
48
29
40
72
12
t0E1
30
44
103
15
1203
554
139
50
91
45
90
53
53
47
172
20
1286
568
142
51
94
48
92
55
55
33
48
115
20
1321
597
150
54
98
54
96
60
57
34
50
121
20
1391
528
132
47
17
40
85
50
541
135
49
89
43
88
50
s2
31
45
110
18
1251
582
146
53
96
51
94
56
34
49
118
20
1356
57
612
153
55
101
51
98
60' Bic push n .d.d tk fllt hw y.o6
59
35
51
t24
20
1425
51
-444 -361 -762 -170 -152 151 158 -L73 -L79 183 -2253
ovetoge
-225_3
Private,30 yea6, revised Vecino #'s
1/22/2020 updoted prcformo
515
L29
41
65
38
81
50
49
30
42
88
t4
1142
AnnualCash Flow Projection - OIA Year 1 Yeet2 Year3 Year4 Year5 Year6 YeatT Year8 Yearg Year lO
Revenue
Net Operating from obovel
[od8in8 Revenue/room tax support
Vecino Rent Abatement
Retail Rentals (1st floor)
DPW Rent
Sponsorships/Hotel support
TotalRevenue
Erpenses
Annual Rent to vecino (DlA)
Accountin&/Audit
Sales/Marketing
Reserve for FF&E/upErades/Replacement
Fee to DIA/owner organization
Total Expenres
Net calh llow from operatlons
Beginning operating reserve
Net operatint reserves + or ( - )
1,714 ' at veao con:tuaion 6t ten io,plr t 2xDca
38 '
^dd.d
.@btot
2OO ' Arnuot k/.o.6 to .enplrh taht c@b b rcf.r. ptoJ.dbn
50 ' a!.ry 10 y.o6 uperu.l4 otu rcsotc.li N$.r Sl@k
95
-444
1900
229
20
23
50
-361
1900
229
20
23
52
-262
19@
229
20
23
54
170
1900
229
20
23
56
-168
1900
20
23
62
-t73
1900
229
20
23
64
-179
1900
20
23
66
-183
1900
20
23
68
161
229
20
23
60
1,52
229
20
58
714
34
180
50
85
1,714
30
160
50
80
1,714
28
150
50
75
1,1,114
26
140
50
70
114
24
130
50
50
l,114
22
120
30
55
I,
zo37
396
433
1900 1900
L77A 1853 1964 2058 2074 2071 2066 2063 2059 2057
1,114
20
100
25
50
1,114
32
170
50
80
714
36
190
50
90
1,
1,90!)
-131
1,941
-78
2,080
-2t
1,978
-14
297
217
2,l}t7
-40
432
392
2,m0 2,017 2,034 2,045 2,063
58 61 0
453
432
453
453
433
453
335
396
277
33S
369
291
500
369
Asteri lthaca
Sketch Plan Presentation
1.28.20
o T.G.MILLER,P.C.
ENTITLEMENIS COOBDINAIION
LANDSCAPE ARCH!TECT
CIVIL ENGINEEB
PROJECT ANCHITECT
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Asteri lthaca
o lMixed-use affordable housing building in current location of West garage. Expansion of public parking in existing Center garage
"Housing for the Greater Good"
Site
Process - RFP. Affordable Housing
218 Affordable housing units with conference center, or
273 Affordable housing units with ground floor retail. Ground floor use TBD
Conlerence center on levels 1 and 2, or.
Ground floor retailo -353 Parking spaces in Center garage
Existing: -243 spaces
Addition of 4 levels of parking on Center garage. High-quality, publicly accessible open spaceo February 2020 - submit Site Plan Review Application. Constru clion 2021 - 2023
\\ IIIt- .\\t T.G. MrrtIR l'.c.Project Overview skerch pran p.esenrarionlJa nuary 28.2020 o ***"*" o g
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13.3 Resolution to Approve Artwork for the Tompkins Giant No. 1 proposal in
Cass Park
WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an
important cultural resource that contributes to quality of life and economic vitality and
calls for the City’s continued support of public art (see Cultural Resources); and
WHEREAS, Community Arts Partnership has submitted a proposal to install a
freestanding sculpture in Cass Park; and
WHEREAS, the creation of the sculpture has been privately funded by the project
organizer; and
WHEREAS, City staff including City Forester, Jeanne Grace, Recreation Supervisor,
Jim Dalterio, and Planner, Alex Phillips, visited Cass Park on September 06, 2019 and
identified a specific site in the park that would not impact any surrounding natural or
recreational features; and
WHEREAS, the City Code §8-13 Duties, tasks the Community Life Commission, to
advise on issues related to art and public art in Ithaca, including public art displays,
programs, and exhibitions, the Community Life Commission accepted staff’s request to
circulate the Tompkins Giant No. 1 proposal at its meeting on September 16, 2019; and
WHEREAS, the Board of Public Works heard the public art proposal at its meeting on
September 17, 2019 and approved Cass Park as a potential site for sculpture at its
meeting on October 15, 2019; and
WHEREAS, the Community Life Commission extended the public comment period for
the sculpture proposal at its meeting October 21, 2019 to consider the Parks,
Recreation, and Natural Resources Commission input given the proposal’s placement in
a city park; and
WHEREAS, the Parks, Recreation, and Natural Resources Commission, considered the
proposals and raised concerns to the Community Life Commission regarding safety
(climbing), appropriateness of site, and maintenance; and
WHEREAS, the Community Life Commission and staff addressed the concerns
identified by the Parks, Recreation, and Natural Resources Commission along with the
mixed responses from public comment at its meeting on November 18, 2019. The
Community Life Commission determined the proposal worthy of consideration for the
Planning and Economic Development Committee; and
WHEREAS, the City of Ithaca Common Council addressed the concerns identified by
the Parks, Recreation, and Natural Resources Commission; now, therefore be it
RESOLVED, That the City of Ithaca Common Council accept the proposal by
Community Arts Partnership to create a sculpture for the city in Cass Park; and, be it
further
RESOLVED, That the selected artist may proceed with the installation of the sculpture
upon the execution of an agreement with the City as reviewed by the City Attorney.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
To: Planning & Economic Development Committee
From: Alexander Phillips, Planner
Date: December 04, 2019
Re: Approval for Public Art Sculpture Proposals
The purpose of this memo is to provide information on two public art proposals sited in two of the city’s
parks. Enclosed are detailed project proposals including renders of the proposed sculptures and representation
of the sculpture’s location for your consideration as well as public comment and a memo from Parks,
Recreation, and Natural Resources.
The proposals were independently submitted to city staff and privately funded by the respective project
organizers; Community Arts Partnership for the Tompkins Giant No.1 proposal, and Monica Franciscus and
Tom Hirschl for the Anthropocene proposal.
The Anthropocene proposal requested Baker Park as a prospective location. City staff, Jeanne Grace and
Alex Phillips visited the site on September 17, 2019 and identified the proposed location as a site that would
not impact any existing natural or recreational features of the park.
The Tompkins Giant No.1 proposal requested Cass Park as a prospective location. City Staff, Jeanne Grace,
Jim Dalterio, and Alex Phillips discussed multiple locations in Cass Park and identified the proposed location
as a site that would not impact any existing natural or recreational features in the park.
The Board of Public Works heard the public art proposals at its meeting on September 17, 2019 and approved
Baker Park and Cass Park as potential sites for sculpture at its meeting on October 15, 2019.
Community Life Commission sought public comment on the proposal through city-wide notification and
City staff. Community Life Commission extended the public comment period to consider additional input
from residents and the Parks, Recreation, and Natural Resources Commission, given the proposals location
in city parks. The public comment period was held through the November 18th CLC meeting to gather input
on the proposed design and location, and the comments received were mixed for both projects.
The Community Life Commission and staff addressed the concerns identified by Parks, Recreation, and
Natural Resources Commission along with the mixed responses from public comment. The Community Life
Commission determined the proposals worthy of consideration for the Planning and Economic Development
Committee and City of Ithaca Common Council.
The Planning and Economic Development of the Common Council will consider this proposal at their
regularly scheduled meeting on December 11, 2019. If you have any questions, feel free to contact me at
274-6556.
Public Art Project 2019
Tompkins Giant No.1
This project started in 2017 when Tom Knipe,
then working as staff for the Tompkins County
Tourism program and the Strategic Tourism Planning
Board met with John Spence from the Community Arts
Partnership, Jennifer Tavares from the Chamber of
Commerce and others to talk about putting 2018
public art funding toward the purchase and installation
of a piece of sculpture. Previous funding had gone to
supporting the creation of murals. The work of
Thomas Dambo, pictured above and to the right, was
very much the inspiration for the initial conversations.
Page 1
The group initially thought that a tie to the legend of the Taughannock Giant made sense from a
local history and tourism point of view. We were unaware that the Tompkins County History
Center was working on a presentation about the Taughannock Giant that included the production
of a full scale model of the original “giant”.
Very quickly there was confusion wedding the two distinct projects in people’s minds. We also
learned that there were people for whom the Taughannock Giant represented a hoax and a scam
and did not appreciate what might seem like a celebration of this dark piece of Tompkins County’s
past.
For those reasons the group started to refer to our project simply as the Tompkins Giant No. 1
There is the thought that perhaps several giants, each by a different artist, placed throughout the
County would create an entertaining tour for residents and visitors alike.
Page 2
Page 3
The request for proposals went out to artists nation wide and, of course
local artists were encouraged to submit there designs.
Artists were told that we were not necessarily looking for literal giants.
The final piece need only suggest the concept of a giant. A large hat, a
giant footprint in the ground, fingers reaching up from the ground would
all meet our criteria.
Specifically the artists were told, “The artwork sought should be the
vision of the artist, using the term “giant” as a starting point to create a
piece of public art that elicits joy and wonder and illustrates a phrase
often used to describe Ithaca, New York as being “ten square miles
surrounded by reality.”
Page 4
The committee feels that almost any piece of sculpture will benefit from a plaque placed
in close proximity that puts the piece into context for the viewer. The wording on the
artwork above is only a suggestion and may be improved upon .
Public Art Project Committee
Nick Helmholdt - T.C Planning Department
John Spence - Community Arts Partnership
Jennifer Tavares - TC Chamber & Visitors Center
Peggy Coleman - Vice President of Tourism and Community Relations
Susan Holland - Executive Direct Historic Ithaca
Kelsey Gardner - Community member
Linda Jaffe - Community member
Funding provided by the Tompkins County Tourism Program (2018 & 2019) and
by a private foundation.
Questions can be directed to:
John Spence
Community Arts Partnership
director@artspartner.org
607-276-5072 Ext 19
Or
Nick Helmholdt
Tompkins County Planning Department
NHelmholdt@tompkins-co.org
607-274-5575
Page 5
16 feet14 feet
20 feet
Tompkins Giant Project
Tompkins Giant Project
Views to Project:
1. Farmers Market
2. Taughnnock Blvd
Views to Project:
1. Farmers Market
2. Taughnnock Blvd
1
2
13.4 Common Council Resolution Opposing Relocation of Downtown Post
Office
WHEREAS the Downtown Ithaca Post Office represents a key civic institution that is of
vital importance to City of Ithaca residents and employees; and
WHEREAS the Downtown Ithaca Post Office is an extremely busy destination that
serves businesses and residents in the City of Ithaca, including residents of limited
means who would find a bus or car trip to a more remote post office to be burdensome
and costly; and
WHEREAS, over the past 15 years Downtown Ithaca has been one of the region’s and
upstate New York’s fastest growing districts, with over 1,000 new residents and over a
half billion dollars in new downtown investment; and
WHEREAS, this growth is expected to continue in the foreseeable future with the
pending redevelopment of the Green Garage superblock, which will add at least another
400 units of housing; and
WHEREAS, Downtown Ithaca has emerged as a center of technology and commerce,
supporting some 100 retail businesses, 65 food and beverage businesses, and over
400 professional and office businesses employing approximately 3,500 people, many of
whom rely on quick, walkable access to the post office and who utilize Post Office
services for their on-line packaging fulfillment needs; and
WHEREAS, within walking distance of Downtown Ithaca reside over 10,000 people,
representing some six different neighborhoods who utilize the different services of the
Post Office, including post office boxes, money orders, and mailing/packaging services;
and
WHEREAS, Downtown Ithaca serves as a transit hub connecting over 21,000 Cornell
students, 6,700 Ithaca College students, and thousands of other City of Ithaca residents
who do not have cars; and
WHEREAS, this area is known for its walkability, for both residents and employees; and
WHEREAS, the Ithaca Common Council is concerned that the relocation or moving of
the Post Office out of Downtown Ithaca would materially affect the operations of
businesses and the lives of the many residents, including many international students
living in and around the downtown core, who currently depend on this Post Office to be
centrally located and within walking distance and adjacent to our community’s transit
hub; and
WHEREAS, the Town of Ithaca has reported that the Post Office has re-signed a lease
for only a two-year period and may want to seek alternative locations outside of
Downtown; now, therefore be it
RESOLVED, That the City of Ithaca Common Council does hereby express its concern
about any possible plans to relocate the U.S. Post Office out of Downtown Ithaca; and,
be it further
RESOLVED, That the City of Ithaca Common Council respectfully requests the U.S.
Postal Service to retain a downtown location in the years to come in recognition of
Downtown’s status as the commercial and social center of the Ithaca community; and,
be it further
RESOLVED, That the City of Ithaca will work with local stakeholders and local and
federal officials to ensure that the Ithaca Post Office remains in Downtown Ithaca.
14. MAYOR’S APPOINTMENTS:
14.1 Appointments to Public Safety and Information Commission – Resolution
RESOLVED, That Peter Thorman be appointed to the Public Safety and Information
Commission to replace Mark Spadolini with a term to expire December 31, 2021; and,
be it further
RESOLVED, That Mike Brindisi be appointed to the Public Safety and Information
Commission to replace Kenneth McLaurin with a term to expire December 31, 2020.