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Home My WebLink AboutMN-CC-2014-09-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. September 3, 2014 PRESENT: Mayor Myrick Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building, Planning, Zoning & Economic Development Director – Cornish Community Development Director – Bohn City Planner – Wilson City Planner - Kusznir Human Resources Director – Michell-Nunn Police Chief – Barber Police Sergeant – Young Officer Williamson EXCUSED: Alderperson Smith PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council to discuss issues regarding an incident that occurred on August 9, 2014 between a plain clothed Ithaca Police Officer and two local youth, and also to address issues regarding the militarization of law enforcement agencies: Cassie & Unique, the mothers of the teens involved in the incident with the Police Department Meryl Phipps Lynne Jackier Jackie Melton Scott Gibrion Hagood Kathy Landes Shari Korthuls Rev. Riney Whyte, Sr. Gino Bush Pey Soyinka-Airewele Sholea Antonio Ira McKinley Kristina Camille Sims Travis Brooks Tim Joseph JoAnne Cipolla-Dennis Neil Oolie Roberta Wallitt Amy Crockford Joel Harlan Fran Spadafona Manzella Ken Glover Sara Pines Jim Murphy Stanley McPherson Dr. William Wittlin Lyrae Van Clief-Stefanon Eliza Van Cort Susie Marion Kossack Fabina Colon Kimberly Munson-Burke PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick described the history of the incident between the Ithaca Police Department and the local youths, including the internal investigation and his plan for Excellence in Policing. He offered to continue this conversation in any forum he is invited to in order to build a better, safer community. Alderperson McGonigal thanked everyone who spoke, especially the mothers of the teens involved in the incident. He apologized to the teens for what happened to them. September 3, 2014 2 He noted that this is primarily a safety issue, and we need to protect and nurture our children. Alderperson Brock thanked city staff and the organizers of tonight’s event for their work in facilitating this discussion. She noted that it brings a renewed focus and attention on community policing. She voiced her support for the Mayor’s principles and cautioned people against making underlying assumptions about others. She stated that she would not be supporting the Resolution on the agenda regarding the Tactical SWAT Grant from the Department of Homeland Security. Alderperson Mohlenhoff thanked the speakers for coming out and noted that she was glad to hear so many people support community policing. She stated that she would like to talk more about positive policing: success = getting everyone out safely (officers and all involved). She noted that the organizing for this event was excellent and she encouraged everyone to engage their State and Federal Representatives in discussions about the need for increased funding for community policing initiatives. Alderperson Kerslick thanked the speakers. He noted that he appreciated hearing a range of perspectives and voiced his support for continued community meetings. He stated his belief that Police Chief Barber is a true community police officer who has demonstrated that repeatedly throughout his career. Alderperson Clairborne thanked the speakers for coming, noting that many comments made vindicated statements that he has made over the years. He voiced his disappointment in the situation because he believes that this issue could have been handled differently as it was primarily about “stranger danger”. He responded to the requests made for more community policing, and explained the need for some of the tactical training and equipment included in the Tactical SWAT Grant. RECESS: Common Council took a brief recess. RECONVENE: Common Council reconvened into regular session. Public Comment: Common Council granted a request from Ithaca Police Officer Tony Augustine to address them as part of the Public Comment period. Officer Augustine noted that he was offended by some of the comments made by members of the public. He voiced his disappointment that more people don’t make positive comments about police officers, only negative ones. He stated that this particular situation is not a “black/white” issue; it is a “right/wrong” issue. Officer Augustine noted that he is a white police officer who was shot by a person of color while he was in the line of duty. He explained how it left bad feelings within his family but he addressed them. He stressed the need to build bridges within the community, not point fingers. He asked people to remember that it is an individual person’s action that creates conflict, not an entire race. CONSENT AGENDA ITEMS: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2014 Apple Harvest Festival – Resolution By Alderperson Kerslick: Seconded by Alderperson Clairborne WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of the 2014 Apple Harvest Festival; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during the Apple Harvest Festival on the Ithaca Commons, October 3-5, 2014, and, be it further September 3, 2014 3 RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously City Administration Committee: 8.2 Youth Bureau – Amendment to the 2014 Personnel Roster – Resolution By Alderperson Kerslick: Seconded by Alderperson Clairborne WHEREAS, the Youth Program Assistant position was created in 2005 as a training position to allow promising job recruits an opportunity to grow into a Youth Program Leader position, and WHEREAS, an employee has done an exemplary job as a Youth Program Assistant and has successfully passed the promotional civil service exam, and WHEREAS, the Youth Bureau would like to promote this employee to Youth Program Leader, a position which better fits her job duties, and WHEREAS, the Youth Bureau has an unfunded Youth Program Leader (35 hours per week) on the roster, and WHEREAS, this amendment requires no budget increase, now therefore be it RESOLVED, That Common Council hereby amends the 2014 Youth Bureau Personnel Roster as follows: Unfund: One (1) Youth Program Assistant (35 hours per week) Add: One (1) Youth Program Leader (35 hours per week) Carried Unanimously 8.3 Department of Planning, Building, Zoning, and Economic Development - Request to Amend Personnel Roster – Resolution By Alderperson Kerslick: Seconded by Alderperson Clairborne WHEREAS, the Historic Preservation and Neighborhood Planner position in the City’s Planning Division has been vacant since June of 2014, and WHEREAS, the position requires a unique combination of skills and knowledge not commonly found in candidates, and WHEREAS, in 2011, due to budget cuts, the position was reduced to 20 hours per week making it even more difficult to fill, and WHEREAS, with the reduction in hours, the neighborhood planning responsibilities were removed from the position so that its sole focus is now on historic preservation planning, and WHEREAS, with guidance from the City’s Human Resources Department, it was agreed that the best plan of action would be to create a new position entitled Historic Preservation Planner and, WHEREAS, it was also agreed that the position of Historic Preservation and Neighborhood Planner should be preserved for future use should the position ever be restored to full-time and neighborhood planning duties reinstated, and September 3, 2014 4 WHEREAS, the new position is scheduled for adoption at the September 3, 2014, Civil Service Commission meeting; now, therefore, be it RESOLVED, That the Personnel Roster for the Department of Planning, Building, Zoning, and Economic Development is amended as follows: Add: One (1) Historic Preservation Planner, Grade 15, at twenty (20) Hours per week Delete: One (1) Historic Preservation and Neighborhood Planner, Grade 16, at twenty (20) hours per week, and be it further RESOLVED, That the position of Historic Preservation Planner shall be assigned to the CSEA Administrative Unit at a salary grade 15, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at seven (7) hours per day, thirty-five (35) hours per week. Carried Unanimously 8.4 Ithaca Police Department – Request to Amend 2014 IPD Budget – Resolution By Alderperson Kerslick: Seconded by Alderperson Clairborne WHEREAS, the Ithaca Police Department has received funds through the recycling of brass shell casings recovered from the IPD shooting range, and WHEREAS, the Ithaca Police Department has also received funds through drug seizures, and WHEREAS, the Ithaca Police Department is desirous of utilizing some of these funds ($21,000) to purchase a training structure for the shooting range; now, therefore, be it RESOLVED, That Common Council hereby amends the 2014 Ithaca Police Department Budget as follows: Increase revenue account: A 3120-2770-5017 Miscellaneous Revenue $ 6,000 A 3120-4320-5017 Federal Aid – Crime Control $15,000 Increase expenses: A 3120-5225-5017 Building Other Equipment $21,000 Carried Unanimously 8.5 Ithaca Police Department – Request to Amend 2014 IPD Budget – Resolution By Alderperson Kerslick: Seconded by Alderperson Clairborne WHEREAS, the Ithaca Police Department (IPD) has had problems with gaps in radio coverage on the first floor of the Ithaca Police Department building, and WHEREAS, these gaps in radio coverage could make it difficult, if not impossible, to make a call to the Dispatch Center in the event of a critical and dangerous situation, and WHEREAS, members of IPD have contacted a radio equipment vendor and a workable solution has been developed that will eliminate these gaps in radio coverage, and WHEREAS, the cost to implement the developed solution is $8,372 which includes the purchase of 4 Radios and the associated installation of said radios; now therefore, be it September 3, 2014 5 RESOLVED, That Common Council hereby authorizes the City Controller to transfer an amount not to exceed $8,372 from account A1990 unrestricted contingency to account A3120-5225-5014 Police Department – Communications Equipment for the purposes of funding said purchase. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Amend §325-45.2B, entitled “Definitions and Related Standards,” of the Collegetown Area Form Districts A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister 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 an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend §325-45.2B, “Definitions and Related Standards,” of the Collegetown Area Form Districts. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to (1) amend the standards for Building Height and (2) provide a definition for “Recessed Entry”, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated July 2, 2014, and WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and have also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “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 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 in the Short Environmental Assessment Form, dated July 2, 2014, 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 September 3, 2014 6 RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, following the adoption of the Collegetown Area Form Districts in March 2014, staff has identified several revisions that are necessary to strengthen the intent of the code, and WHEREAS, the proposed revisions to the standards for building height will help reduce construction costs and further promote high-quality design on sloped sites while reducing the impacts of taller buildings on adjacent smaller structures, and WHEREAS, the addition of a definition of “recessed entry” will clarify the intent of this form requirement; now, therefore, ORDINANCE NO. 2014- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 325, Section 325-45.2B(2) of the City of Ithaca Municipal Code is hereby amended to read as follows: (2) Building Height (a) The existing definition of building height shall apply (refer to §325-3 – “Height of Building”). (b) Building heights in the CR and MU districts are regulated using feet and stories. No portion of any building shall exceed the maximum number of stories or the maximum height in feet. (c) A building may be stepped back, provided that each step back is a minimum of 12’ of building depth. Each step back defines a portion of the building. The height is measured from the average grade plane adjoining that portion of the building. (C) (d) The only parts of the building which may exceed the maximum building height are bulkheads, housing for mechanical equipment, towers, and similar constructions not intended for human occupancy, provided that the requirements of §325-45.2B(10) §325-45.2B(14) are met. Section 2. Chapter 325, Section 325-45.2B of the City of Ithaca Municipal Code is hereby amended to add a definition of “Recessed Entry” as Section 325-45.2B(10), and all subsequent sections shall be renumbered accordingly. Section 325-45.2B(10) shall read as follows: (10) Recessed Entry (a) Definition: A functioning entry that is set back a minimum of 12” from the front façade of the building. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously September 3, 2014 7 9.2 Resolution to Select Artwork for a Mural Installation on the Entry Ramp to the Upper Levels of the Green Street Parking Garage By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including walls in the City garages on Green Street and Seneca Street, by resolution on May 19, 2010, and WHEREAS, local artist Jennifer Ospina has submitted her proposal for a mural depicting the culture of the indigenous Kogi tribe of Columbia as part of the PAC’s Mural and Street Art Program, and WHEREAS, Ms. Ospina was selected as a finalist by ¡Cultura! Ithaca and several other community organizations to paint a mural that celebrates the community’s Latina culture, and WHEREAS, at its meeting June 25, 2014, the PAC identified the entry ramp to the upper levels of the Green Street Parking Garage as an appropriate location for this proposal, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on July 23, 2014 to gather input on the proposed installation, and the majority of the responses to the proposal have been positive, and WHEREAS, the artist will receive some paint from the City as well as funding from ¡Cultura! Ithaca and several other community organizations to install the mural, and WHEREAS, at its meeting on July 23, 2014, the Public Art Commission unanimously voted to recommend that Common Council select Jennifer Ospina’s mural to be installed on the entry ramp of the Green Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Jennifer Ospina’s mural depicting the culture of the Kogi tribe, as recommended by the Public Art Commission, to be installed on the entry ramp of the Green Street Parking Garage and to be added to the City of Ithaca’s public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of her mural upon the execution of an agreement with the City as reviewed by the City Attorney. Carried Unanimously 9.3 Common Council Conditional Approval - UnChained Properties LLC, Application for Planned Unit Development – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development districts on any property in the City currently zoned for industrial uses, and WHEREAS, on July 11, 2014, UnChained properties submitted a completed application for consideration to establish a Planned Unit Development district at the site of the former Morse Chain/Emerson Power facility, and WHEREAS, the proposed Chain Works District seeks to redevelop and rehabilitate the +/-800,000 SF former Morse Chain/Emerson Power Transmission facility, located on a 95-acre parcel traversing the City and Town of Ithaca municipal boundary, and September 3, 2014 8 WHEREAS, the application included a proposed preliminary concept, which is depicted in the Proposed Regulating Plan, dated May 30, 2014, and WHEREAS, the conceptual plan consists of a multi phased project to be completed over a period of several years, with the initial phases of the project involving some demolition, in addition to the redevelopment of the existing structures with residential, commercial, studio workspaces, and office development, predominantly within the City of Ithaca, while manufacturing will be within both the Town and City of Ithaca, and WHERAS, the site’s redevelopment would bridge South Hill and Downtown Ithaca, the Town and the City of Ithaca, by providing multiple intermodal access routes, including a highly desired trail connection, and WHEREAS, the application states that the developer will be seeking to be certified by the US Green buildings Council with a Leadership in Energy and Environmental Design.(LEED) Neighborhood Development (ND) standard, and WHEREAS, in order to meet the requirements of the LEED ND certification, the developer will explore all available alternate modes of transit and intends to discourage any excess parking above and beyond what is needed to meet market demands and therefore intends to request that the final approved zoning regulations for the PUD not include a minimum parking requirement, and WHEREAS, the application includes a preliminary proposal for the amended zoning for the development site, which includes a mix of a T1 natural zone, a T4 neighborhood general zone, and a T5 neighborhood center zone, and WHEREAS, during the required review of this application by the City Planning and Economic Development Committee of the Common Council, concerns were expressed by Common Council members that there should be a transition zone between the neighborhood center zone (T5) and the surrounding single family homes, however, given that this project has yet to go through design development, the Common Council recognizes that the requested zoning may change as the project develops, and WHEREAS, in accordance with the adopted City process for consideration of a planned unit development, the application was circulated to City boards and committees, as well as, to the Town of Ithaca, and to the County Planning Department, and WHEREAS, a public information session, hosted by the applicant, was held on August 5, 2014 and the meeting was advertised in the Ithaca Journal, the property was posted with signs and property owners within 500 feet of the property were notified by mail of the meeting, and WHEREAS, a legal notice was posted to the Ithaca Journal, on July 29, 2014, in order to advertise a legal public hearing on August 13, 2014, and WHEREAS, the process for consideration of an application for Planned Unit Development requires that the applicant obtain an approval in concept from the Common Council prior to beginning the site plan review process, and WHEREAS, as a part of the environmental review process for the project and the PUD, the Planning and Development Board will update the Common Council after each Planning and Development Board meeting where the project is considered and will request ongoing written comments from the Common Council, and WHEREAS, in order to develop the final requested zoning designations for the site an advisory committee will be formed consisting of Town and City officials who will work with the developer and will regularly update the Planning and Economic Development Committee as the zoning proposal develops, and WHEREAS, the Planning and Economic Development Committee will report out monthly on any updates on the project or the PUD application and the Planning and September 3, 2014 9 Economic Development Committee will be responsible for making a final recommendation to Common Council, and; now, therefore, be it RESOLVED, That the Common Council does hereby grant an approval in concept to UnChained Properties for their application for a Planned Unit Development district to be established at the former site of the Morse Chain/Emerson Power facility, and be it further RESOLVED, That by granting an approval in concept, the Common Council acknowledges that the applicant is able to begin the site plan review process, despite any zoning-based deficiencies in the application, and, be it further RESOLVED, That the Common Council does hereby request that the City Planning and Development Board update the Common Council after each Planning and Development Board meeting where this project is considered and to request ongoing written comments from the Common Council, and be it further RESOLVED, That contingent upon amendment of the authorizing ordinance in such a manner as to permit the same, once the environmental review of this project has been completed in such a manner as to permit the owner to proceed with their project and contingent site plan approval, the applicant will return to the Common Council for final consideration of the adoption of the Planned Unit Development district. Carried Unanimously 9.4 Programmatic Changes to Neighborhood Housing Initiative (NHI) Program – Resolution By Alderperson Murtagh: Seconded by Alderperson Martell WHEREAS, The Neighborhood Housing Initiative was created to convert substandard, rental, residential properties negatively affecting their surrounding neighborhood into quality, owner-occupied housing that would benefit the nearby neighborhood, increase homeownership and expand the tax base of the City, and WHEREAS, to implement the program, the Ithaca Urban Renewal Agency (IURA) used bond proceeds to acquire eligible properties; renovated them, or demolished and constructed new homes; and sold them for the highest marketable price to homebuyers with a deed restriction requiring the property to remain owner-occupied for at least 25 years, and WHEREAS, IURA bonds financing the Neighborhood Housing Initiative are guaranteed by the City of Ithaca, and WHEREAS, $1,050,000 in bonds were issued to capitalize the program, of which, as of 2014, approximately $590,000 remains available to implement the program going forward, and WHEREAS, certain changes to the structure of the program are now proposed to enhance effectiveness of the program, and WHEREAS, the changes were approved by bond counsel Orrick, Herrington & Sutcliffe LLP on July 18, 2014, subject to adoption by the IURA and approval by the Common Council, and WHEREAS, the program assists renovation or construction of single-family, two-family or three-family residences, which qualifies as a Type II action not subject to environmental review under the City Environmental Quality Review Ordinance, and WHEREAS, the proposed programmatic changes were adopted by the Ithaca Urban Renewal Agency on July 24, 2014; now, therefore, be it RESOLVED, the Common Council for the City of Ithaca hereby approves the following programmatic changes to the IURA Neighborhood Housing Investment program: September 3, 2014 10 1. Supplement the Program to Provide for a Pilot Competitive Grant Program - Convert the program delivery model to a competitive grant program to assist not-for- profit housing developers carry out homeownership projects for a fixed subsidy amount rather than have the IURA undertake site selection, acquisition, rehabilitation/construction and resale. Payments of grants will be made upon project completion. 2. Expand Categories of Eligible Project Sites – Expand the categories of properties eligible for assistance under the program from solely substandard, rental residential properties to include, substandard vacant structures, properties acquired through property tax delinquency, primary structure cited as unsafe for occupancy, and vacant parcels. 3. Affordability Requirement – Impose a new requirement that each new owner- occupied residential unit assisted must be sold to homeowners earning 80% or less of the Area Median Income (AMI), and further require any resale of the home to low/mod income homebuyers during the 25-regulatory period. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 Marriott Hotel, Authorize Disposition of City - Owned Property at 120 East Green Street By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, Hotel Ithaca LLC (Marriott Hotel) is the developer of a proposed 159-key Marriott hotel at 120 South Aurora Street, Ithaca, NY, and WHEREAS, on June 4, 2014, the Common Council authorized a parking agreement with the Marriott Hotel but deferred decision making regarding a proposed option agreement authorizing the Marriott Hotel to acquire air rights to a portion of the Green Street Garage should it be decommissioned in the future, as a potential property conveyance requires publication of a series of public notices before it can be considered for action by the Common Council, and WHEREAS, the majority of parking to be made available for hotel guests at the Marriott Hotel per the authorized parking agreement is located in the Green Street Garage, and WHEREAS, the eastern section of the Green Street Garage, constructed in 1973 above a portion of the Rothschild building, is anticipated to have a remaining useful life of approximately 15 years before requiring major new investment, and WHEREAS, the Marriot Hotel seeks a means to provide parking for hotel guests should the City decommission the eastern section of the Green Street Garage in the future, and WHEREAS, the City will incur a substantial expense to demolish and remove the portion of parking structure should it be decommissioned, and WHEREAS, on June 4, 2014, the Common Council for the City of Ithaca, acting as the lead agency, conducted environmental review in accordance with the City Environmental Quality Review Ordinance and issued a negative declaration that the proposed action will result in no significant impact on the environment; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an option agreement with Hotel Ithaca LLC, developer of the Marriott Hotel to be located at 120 South Aurora Street, to acquire air rights to the eastern section of the Green Street Parking Garage located above the Rothschild Building along with access easement over the central section of the Green Street Garage to provide access to and from Green Street, for $1 for use as private parking, and be it further RESOLVED, That the option agreement shall include provisions that the option agreement cannot be exercised unless and until the City decommissions the eastern September 3, 2014 11 section of the Green Street Garage and the Common Council declares the subject property surplus municipal property, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute an agreement to implement this resolution. Carried Unanimously 10.2 An Ordinance Approving the Sale of City-Owned Property and the Granting of an Easement over City-Owned Property A. Declaration of Lead Agency - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson McGonigal WHEREAS, the City of Ithaca Common Council is considering the sale of tax parcel #25.-2-1.2, located at 601 First Street, pursuant to a 1993 lease, and the granting of an easement over an adjacent portion of City-owned land, to the Sciencenter Discovery Museum, and WHEREAS, the proposed transfer of approximately 35,500 sq. ft. of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions 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, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed transfer to the Sciencenter Discovery Museum of the above listed real property. Carried Unanimously B. Determination of Environmental Significance - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, the City of Ithaca Common Council is considering the sale of the property located at 601 First Street, Ithaca, NY (tax parcel #25.-2-1.2) pursuant to a 1993 lease, and the granting of an easement over an adjacent portion of City-owned land, to the Sciencenter Discovery Museum, and WHEREAS, on September 3, 2014, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1 and Part 2, both prepared by City staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed transfer of tax parcel #25.-2-1.2 pursuant to the 1993 lease and the granting of an easement over an adjacent portion of City-owned land will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of September 3, 2014 12 the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Carried Unanimously D. Adoption of Ordinance By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, the City entered into a lease with the organization now known as Sciencenter Discovery Museum (“Sciencenter”) on February 6, 1993 (“Lease”), under which the Sciencenter had use of the property known as 601 First Street (“Property”) to construct the Sciencenter science museum, and WHEREAS, the Lease granted the Sciencenter an option to purchase the Property, and the City Controller has confirmed that the Sciencenter has made all necessary payments to exercise the option, thus requiring the City to sell the property, and WHEREAS, the Sciencenter has requested an easement for a portion of City-owned land bordering the Property on the east (“Proposed Easement Area”), which land is the right-of-way for a portion of Lake Avenue that no longer exists, onto which the Sciencenter’s miniature golf course has extended for a number of years, and WHEREAS, the Sciencenter is investing additional funds to renovate the miniature golf course area, and desires to formalize its use of City-owned land, and WHEREAS, the Sciencenter previously installed and maintained improvements on City land (such as installation and operation of lighting, benches, trash and dog waste receptacles in the area alongside Cascadilla Creek), the value of which exceeds the net present value of the license fees that the City would charge to grant a license to use the area in question, and WHEREAS, the Board of Public Works has determined that the land for which an easement is sought is surplus for municipal purposes, and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize sale of real property, and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore, ORDINANCE 2014- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The Property and the Proposed Easement Area are surplus for municipal purposes. B. The Sciencenter has made all necessary payments and taken all other necessary actions to entitle the Sciencenter to exercise its option to purchase the Property under the Lease. C. The value of the improvements installed on City land and maintained by the Sciencenter are equal to or greater than the net present value of the license fees that the City would charge to grant a license to use the Proposed Easement Area. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents as needed to effect these transactions. Section 3. Effective Date. This ordinance shall take effect immediately. Carried Unanimously September 3, 2014 13 10.3 Time Warner Cable Northeast LLC Conditional Consent to Transfer Control of - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, Time Warner Cable Northeast LLC (“Franchisee”) is the duly authorized holder of a franchise, the term of which has expired and is pending renewal, as amended to date (the “Franchise”), authorizing Franchisee to serve the City of Ithaca, NY (the “Franchise Authority” or the “City”) and to operate and maintain a cable television system therein (the “System”); and WHEREAS, Time Warner Cable Inc. (“Time Warner Cable”) is the ultimate parent company of Franchisee; and WHEREAS, on February 12, 2014, Time Warner Cable, Comcast Corporation (“Comcast”) and Tango Acquisition Sub, Inc. (“Tango”), entered into an Agreement and Plan of Merger (the “Agreement”), pursuant to which Time Warner Cable will merge with Tango, a wholly-owned subsidiary of Comcast, with Time Warner Cable as the surviving company, and Time Warner Cable will thereby become a wholly-owned subsidiary of Comcast (the “Transaction”); and WHEREAS, Franchisee now seeks approval of the Transaction and has filed an FCC Form 394 with the Franchise Authority with respect thereto; and WHEREAS, the Franchise Authority has considered and approves of the Transaction. NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Transaction, subject to each of the following express conditions, the satisfaction of which shall constitute a condition precedent to the effectiveness of the Franchise Authority’s consent: a. Franchisee’s provision of, and commitment to hereafter provide on thirty days’ notice from the City, financial accounting for the PEG Access operations within the City, known as PEGASYS, including revenue receivables such as the PEG fees collected by the Franchisee within the franchise area, and including staff and equipment expenditures at the PEG facility in the franchise area. b. Franchisee’s commitment to maintain open PEG studio time with appropriate staff present of not less than 24 hours per week, including during the vacation and other authorized absences of the regular staff member at the PEG studio. c. Provision at no charge to all subscribers in the franchise area, in satisfaction of section 15.1 of the existing Franchise Agreement, of i. informational materials regarding subscriber ability to access PEG channels (13, 15, and 16) using digital adapters, and ii. fully functional digital adapters permitting older television sets to access said PEG channels, with such functionality to be determined by the City’s testing of 20 such adaptors, obtained at random, at least 19 of which must perform with full functionality on initial test. d. Maintenance of picture quality equal to or better than the quality provided by Franchisee immediately prior to the transition from analog to digital transmission in this area. e. Provision of equipment for the PEG studio purchased using a given budget-year’s funds within 60 days of the Franchise Authority’s Request for the purchase of same. September 3, 2014 14 f. Provision of high speed internet access using budgeted funds for the PEG Studio. g. Successful renegotiation of a renewed franchise agreement, and execution of the same between Franchisee and Franchisor. 3. The Franchise Authority confirms that the Franchise is expired but remains in force pending negotiation of a renewed Franchise. No certification is made as to defaults under the Franchise, and any defaults that may at this time exist are not waived by this Resolution, and may be raised by any legal means, including in further negotiations related to renewal of the Franchise. Subject to compliance with the terms of this Resolution, all action necessary to approve the transfer of control of the Franchisee to Comcast has been duly and validly taken. 4. Comcast or the Franchisee may (a) assign or transfer its assets, including the Franchise, provided that such assignment or transfer is to an entity directly or indirectly controlling, controlled by or under common control with Comcast; (b) restructure debt or change the ownership interests among existing equity participants in Comcast; (c) pledge or grant a security interest to any lender(s) of Comcast’s assets, including, but not limited to, the Franchise, or of interest in Comcast, for purposes of securing any indebtedness; and (d) sell equity interests in Comcast or any of Comcast’s affiliates. 5. Upon closing of the Transaction, the Franchisee shall remain bound by the lawful terms and conditions of the Franchise. 6. This Resolution shall be deemed effective upon adoption. Alderperson Mohlenhoff expressed her thanks to the Access Oversight Committee for holding a special meeting to work with Common Council to develop the conditions of this consent. Discussion followed on the floor regarding the actions of other nearby municipalities regarding the consent of the transfer of their franchise agreements. A vote on the Resolution resulted as follows: Carried Unanimously Motion to Extend Meeting: By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That the meeting be extended to 10:30 p.m. Carried Unanimously 10.4 IPD – Request to Amend 2014 the Ithaca Police Department Authorized Budget for Tactical Grant – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS the City of Ithaca Police Department received a federal grant with pass through to the NYS Division of Homeland Security and Emergency Services in the amount of $100,000 for the purpose of providing Tactical and SWAT training and equipment, and WHEREAS, the $100,000 grant will include the following: Tactical Training, Tactical Robot, Thermal Imaging, Chemical Suits, Self-Contained Breathing Apparatus and a Thermal Breaching Unit; now, therefore be it RESOLVED, That Common Council hereby accepts the Tactical Swat Grant from the NYS Division of Homeland Security in the amount of $100,000 and amends the 2014 City of Ithaca Police Department authorized budget as follows: September 3, 2014 15 Increase Revenue Account: A3120-4389-5022 Federal Aid SWAT $100,000 Increase Appropriation Accounts: A3120-5125-5022 OT SWAT $20,500 A3120-5225-5022 Other Equipment SWAT $79,500 $100,000 Alderperson Mohlenhoff described the grant process, noting that this item is before Council simply to place the awarded grant funds into the Police Department budget. She explained that most grant applications do not require Common Council review or approval but some are subject to the support of the Mayor as CEO of the organization. Ithaca Police Sergeant Jacob Young explained the need for each item that has been funded, noting that most are related to incidents involving bombs, chemical, radiological, biological agents; however, they can also serve dual purposes for other types of emergency situations. Alderperson McGonigal stated that he views all of these items as tools that are not necessarily essential for day-to-day use but they are being offered free of charge. Police Chief Barber addressed some of the comments made earlier in the evening. He explained that inter-communication skills are taught at the police academy and police officers make split-second decisions based on the information that is available to them at the time. He agreed that there is a need for further dialog with community members and also committed to sharing more information about all of the good work that police officers do on a daily basis. He explained that many times police officers act as social workers aiding people at times when no other assistance is available. He expressed pride in his officers and asked Common Council and members of the public to not allow one incident to shadow the fine work of the entire department. Alderperson Murtagh asked if the City was doing enough to seek grants for the things that are needed on a daily basis, such as additional officers. Chief Barber responded that the department wrote two community policing grants that were not funded because Ithaca is competing against larger cities with much higher crime rates like Chicago, Detroit, New Orleans, etc. Alderperson Kerslick reiterated that this grant is for equipment and training, not weapons. He stated that he would support a community policing grant over this type of equipment, but it is not an option at this time. He further stated that he would like to see the police department engage more sections of the community. Alderperson Mohlenhoff described the different uses of the SWAT bus detailing how it serves as a mobile command vehicle during emergency situations like the flooding in Fall Creek and the bomb scare on the Commons. Alderperson Brock stated that departments are in the position of having to make difficult decisions regarding their budgets and she feels as if the City has become too reliant on “free” money that promotes the priorities of the funding sources, and does not necessarily reflect the priorities of the community or its elected officials. She further stated that she is convinced that as we continue to fund, equip, train, and utilize our officers to use paramilitary tactics in our policing, we will undermine our efforts to build relationships with our community. She suggested that departments discuss pending grant applications with Common Council prior to submission to ensure that they reflect the goals and priorities of Council. September 3, 2014 16 Motion to Extend the Meeting By Alderperson McCollister: Seconded by Alderperson Mohlenhoff RESOLVED, That the meeting be extended to 10:45 p.m. Ayes (7) Brock, Clairborne, Murtagh, McCollister, Kerslick, Mohlenhoff, Martell Nays (2) McGonigal, Fleming Carried (7-2) Main Motion A vote on the Resolution resulted as follows: Ayes (8) McGonigal, Clairborne, Murtagh, McCollister, Fleming Kerslick, Mohlenhoff, Martell Nays (1) Brock Carried (8-1) 10.5 City Controller’s Report City Controller Thayer reported on the following:  Assessments are in – the City will see a 6.16% increase (52.2% commercial property assessment increases/ 43% residential property assessment increases). This equals nearly a $1.3 million increase in budget revenues.  The City’s percentage of tax exempt property has decreased to 59.2% - Cornell University represents 83.5% of that figure.  The property tax cap for the 2015 budget is 2.29%. The CPI is 1.56%.  Pension costs are projected to decrease for 2015  Sales tax figures are on pace to meet budget projections  Building Permit Revenue: $700,000 was budgeted; $631,000 has been collected to date  2007 debt has been refinanced which will result in $800,000 of savings in the next 10 years. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the August 6, 2014 Common Council Meeting Minutes – Resolution By Alderperson McCollister: Seconded by Alderperson McGonigal RESOLVED, That the minutes of the August 6, 2014 Common Council Meeting be approved as corrected by Alderperson Brock. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor