HomeMy WebLinkAboutMN-CC-2014-11-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 5, 2014
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Smith,
Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Building, Planning, Zoning & Economic Development Director – Cornish
Deputy Director of Economic Development – DeSarno
Acting Youth Bureau Director - Vance
Community Development Director – Bohn
Superintendent of Public Works – Thorne
Chief of Staff – Sutherland
EXCUSED:
Alderperson Fleming
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Mayor’s 2015 Proposed Budget
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson McCollister
RESOLVED, That the Public Hearing to consider the Mayor’s 2015 Proposed Budget
be declared open.
Carried Unanimously
Fay Gougakis, City of Ithaca, voiced her support for the proposed addition of two new
police officers for a Community Action Team but stated that the need for an additional
traffic officer is imperative. She further shared her thoughts about the Commons
renovation project and the lack of an increased financial contribution by Cornell
University.
Resolution to Close Public Hearing:
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That the Public Hearing to consider the Mayor’s 2015 Proposed Budget
be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Update from City of Ithaca Youth Council
Marty Schreiber, Youth Council Program Director and Youth Council members: Jean
Sinon, Etienne Grenier, Eowyn Hawley, Amber Delotsang, Molly Swartout, Leah
Larson, and Duncan Casper reported to Council on the projects they are working on
including:
Ithaca High School Improvement Project
Youth Art Showcase: visual arts, literature, music
Tutor Project: bridging the education gap
Pee Wee football concessions
Holiday event for families in need
IPD & community relations working group
Mayor Myrick thanked the Youth Council for establishing a strong legacy of raising the
voices of Ithaca’s youth.
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5.2 Presentation of Proposed Hilton Canopy Hotel – Scott Whitham
Mr. Scott Whitham made a presentation on the proposed Hilton Canopy Hotel that
would be located on between the Carey Building and the Community School of Music &
Art on the 300 block of East State/ MLK Street.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people spoke in favor of the proposed Hilton Canopy Hotel project:
Michael Cannon, City of Ithaca
Bruce Stoff, Tompkins County Visitors Bureau
Frost Travis, Travis-Hyde
Gregor Brous, Collegetown Bagels
Gary Ferguson, Downtown Ithaca Alliance
Joel Harlan, Town of Newfield, shared comments about Cornell University’s contribution
to the local economy.
Julie Schroeder, Homespun Boutique, shared her concerns regarding the impact that
downtown construction, especially the Commons Renovation Project, has had on
surrounding businesses and how that impact will be compounded if these proposed
hotel projects are approved. She said the loss of the parking lot between the Carey
Building and CSMA will be problematic and asked Council to reconsider this project and
send it back for serious design changes.
Max Weisbrod, City of Ithaca, voiced his concern about tenant rights and the language
that landlords are using in their leases that restricts access to jury trials.
Fay Gougakis, City of Ithaca, requested a public meeting with community leaders and
law enforcement officials to discuss safety and quality of life issues. She further
commented that the proposed structures for the hotels are too large for downtown
noting that the loss of parking and the amount of construction have had a significant
negative impact on the businesses. She further requested that all elected officials have
local contact numbers.
Sally Van Orman, City of Ithaca, thanked Mayor Myrick for arranging a meeting with the
Chief of Staff to explain the City’s tax structure. She noted that the Ithaca City School
District’s tax increases make it difficult for people living on fixed incomes to keep their
homes.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McGonigal raised questions about the temporary relocation of the TCAT
bus stop from Aurora Street to the 300 block of East State/MLK St due to the hotel
construction.
Mayor Myrick responded to comments made regarding the loss of parking and noted
that there is plenty of on and off street parking available. He also detailed what the
hotel would do to help local businesses.
Alderperson McCollister stated that parking/traffic management plans should be created
in development zones prior to construction.
Alderperson Brock acknowledged the distress expressed by the owner of Home Spun
regarding the amount of construction in the area and suggested that staff look to other
communities for strategies to assist local businesses.
Alderperson Kerslick voiced his concern regarding the use of popular catch words by
developers such as “local, artisanal, green, sustainable” and the difficulty in finding the
substance behind them.
Alderperson Martell echoed the comments made by Alderpersons McCollister and
Kerslick and stressed the need for signage and traffic/parking plans.
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Alderperson Clairborne thanked the Youth Council for their outstanding work. He
further addressed comments made about the availability of parking in the 300 block of
E. State / MLK Street; affordable housing issues; and the gentrification of city
neighborhoods over the past 15 years.
Mayor Myrick stated that the 120 room hotel would bring in approximately $1 million
annually to the City and much more to the neighboring businesses. He noted that the
loss of a small parking lot does not equal the value and benefit of the project. He further
detailed all of the recent housing additions in the downtown area noting that traffic
congestion is reversed by increasing housing downtown.
Alderperson Smith noted that these types of projects ease the tax burden for residents.
Further discussion followed on property assessment abatements.
CONSENT AGENDA ITEMS:
8.1 Planning, Building, Zoning & Economic Development – Acceptance of
Public Art Commission’s Another 21 Boxes Project Grant - Resolution
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
WHEREAS, the City’s Public Art Commission was awarded a grant through the
Community Arts Partnership’s Grants for Arts Program to fund Another 21 Boxes: An
Electrical Box Mural Project, and
WHEREAS, the grant funds will be used for artist stipends, supplies, and maps of the
project; now, therefore, be it
RESOLVED, That Common Council hereby accepts the Grants for Arts Program from
the Community Arts Partnership in the amount of $2,510 and amends the 2014
Department of Planning, Building, Zoning, & Economic Development authorized budget
as follows:
Increase Revenue Account:
A8020-3989 Planning State Aid $2,510
Home & Community
Increase Appropriations Account:
A8020-5435 Planning Contracts $2,510
Carried Unanimously
8.2 Human Resources - Approval of 2014-2015 Civil Service Agreement with
the Ithaca City School District - Resolution
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters, for the
period July 1, 2014, to June 30, 2015, in an amount of $66,170, payable to the City of
Ithaca on or before December 1, 2014.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
No items were submitted for the agenda
CITY ADMINISTRATION COMMITTEE:
10.1 City Attorney – A Local Law to Override The Tax Levy Limit Established in
General Municipal Law
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
Local Law 2014 –
BE IT ENACTED by Common Council of the City of Ithaca as follows:
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Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2015, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2015, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If court determines that any clause, sentence, paragraph, subdivision, or part of this
local law or application thereof to any person, firm or corporation, or circumstance is
invalid or unconstitutional, the court’s order or judgment shall not affect, impair or
invalidate the remainder of this local law, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this local law or in its application to
the person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
Alderperson Brock - Aye Alderperson McGonigal - Aye
Alderperson Clairborne - Aye Alderperson Murtagh - Aye
Alderperson McCollister - Aye Alderperson Fleming - Absent
Alderperson Smith - Aye Alderperson Kerlsick - Aye
Alderperson Martell - Aye Alderperson Mohlenhoff - Aye
Carried Unanimously
10.2 City Controller’s Report
City Controller Thayer reported on the following 2014 activity:
Sales Tax Revenue - $13.1 million was budgeted; current collections are running
2.9% ahead of 2013 figures but are subject to change
Overtime Costs - $946,000 was budgeted - $915,000 has been spent to date;
$984,000 was spent in 2013.
Building Permit Revenue - $700,000 was budgeted - $694,000 has been
collected to date
Parking Revenue - $2.4 million budgeted - $1.8 million collected
Mortgage Tax – the $360,000 budgeted was surpassed by $94,000
Flooding/Snow activity – expenses are close to the money budgeted from the
fund balance
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson Mohlenhoff - Transfer of Property at 320-324 E. Martin Luther
King Jr./E. State Street to the Ithaca Urban Renewal Agency (IURA) to Undertake
an Urban Renewal Project for Development of a 120-room Hotel - Resolution
A. Declaration of Lead Agency for Environmental Review – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
transfer ownership of property located at 320-324 E. Martin Luther King Jr./E. State
Street to the Ithaca Urban Renewal Agency (IURA) to facilitate a urban renewal project
to construct a 120-room hotel at the 300 block of E. Martin Luther King Jr./E. State
Street, and
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WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for the purpose of 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 transfer of less than 2.5 acres of land is an “Unlisted” action
pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires
environmental review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself
Lead Agency for the environmental review of the transfer of property located at 320-324
E. Martin Luther King Jr./E. State Street (tax parcel #69.-1-6.2) to the IURA for the
purpose of structuring a proposed purchase and sale agreement to undertake an urban
renewal project to construct a 120-room hotel, which agreement shall be subject to
approval by Common Council.
Carried Unanimously
B. Determination of Environmental Significance - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
transfer ownership of property located at 320-324 E. Martin Luther King Jr./E. State
Street (tax parcel #69.-1-6.2) to the Ithaca Urban Renewal Agency (IURA) for the
purpose of structuring a proposed purchase and sale agreement to undertake an urban
renewal project to construct a 120-room hotel, and
WHEREAS, the proposed hotel project will undergo separate environmental review as
part of the site plan review process, and
WHEREAS, the proposed hotel project is not physically feasible without acquisition of
City-owned land, and
WHEREAS, it is not reasonable or practicable to expect the Preferred Developer to
develop detailed project plans and analyses of potentially significant adverse impacts of
the proposed hotel project prior to knowledge that the City-owned portion of the project
site will potentially be made available for the hotel project through the IURA, and
WHEREAS, as part of the site plan review process, the Planning and Development
Board regularly conducts rigorous and thorough environmental review of all aspects of
the proposed development project that comes before it, and
WHEREAS, pursuant to §176-6(F)(1)(b) of the City Environmental Quality Review
Ordinance, the re-establishment of a Lead Agency may occur “upon failure of the Lead
Agency’s basis of jurisdiction,” so that the Planning and Development Board may
subsequently assume the role of Lead Agency for the environmental review for the site
plan review of the proposed hotel project, and
WHEREAS, the proposed action for transfer of city-owned property of less than 2.5
acres is an “Unlisted Action” under the City Environmental Quality Review Ordinance,
and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that circumstances warrant a segmented review of this property transfer
from other stages of the proposed hotel project and that subsequent environmental
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review of the proposed hotel project during the required site plan review process will be
no less protective of the environment, and be it further
RESOLVED, That the 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, 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 significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
C. Transfer of Property - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, Lighthouse Hotels LLC proposes construction of a $19 million, six-story,
120-room Hampton Inn & Suites hotel behind the Carey Building on parcels currently
used for public and private surface parking at the 300 block of E. Martin Luther King
Jr./E. State Street (Urban Renewal Project), and
WHEREAS, the project site includes the 32-space municipal parking lot at 320-324 E.
Martin Luther King Jr./E. State Street, which is partially owned by the City and partially
owned by the Ithaca Urban Renewal Agency (IURA), and
WHEREAS, §507 of General Municipal Law authorizes the IURA to negotiate sale of
public land with a Qualified and Eligible Sponsor (“Preferred Developer”) to undertake
an urban renewal project, which proposed sale and development agreement is subject
to public hearing and approval by the Common Council, and
WHEREAS, the primary objective of the Urban Renewal Plan is to improve the
economic, social and physical characteristics of the project neighborhood, and
WHEREAS, City policy requires the Board of Public Works to declare City-owned
property surplus for public works purposes prior to any transfer of City-owned property,
and
WHEREAS, on June 26, 2014, the IURA designated Lighthouse Hotels LLC as the
Preferred Developer to undertake the Urban Renewal Project, and authorizing potential
acquisition of IURA and City-owned parcels of the project site through negotiations,
subject to Common Council approval, and
WHEREAS, on August 18, 2014, The Board of Public Works determined that the City-
owned portion of the municipal parking lot located at 320-324 E. Martin Luther King
Jr./E. State Street (tax parcel #69.-1-6.2) is not needed for City of Ithaca public works
purposes, and
WHEREAS, upon Common Council authorization to transfer the approximately 8,300
square foot City-owned portion of the municipal parking lot to the IURA, the IURA
intends to enter into a 90-day exclusive negotiating agreement with the Preferred
Developer to structure a proposed purchase and sale agreement to convey tax parcels
#69.-1-3 and #69.-1-6.2 to the Preferred Developer at no less than estimated fair market
value and establish post-closing requirements on the Urban Renewal Project including
but not limited to urban design, job creation and housekeeping department employee
wage levels, and
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WHEREAS, the IURA has established the following minimum standards for the project:
A. Urban Design: prohibition of the following exterior building façade materials
unless the Planning and Development Board finds such materials enhance the design
of the building:
EIFS (Exterior Insulation & Finishing System), such as “Dryvit” or other stucco-
like finishes
Concrete masonry units, including split-face cement block;
B. Job Creation: creation of at least 33 full-time equivalent jobs;
C. Wages/Salaries:
Living Wage Positions - Creation of a minimum of 11 full-time employment
positions paid at least a “living wage” (currently $12.62/hour with employer health
insurance benefits)
Housekeeping Staff - each employee in the housekeeping department to be paid
at least $9.75/hour (equivalent to 120% of state minimum wage); and
WHEREAS, the IURA has identified the following additional issues to be included in
negotiations with the Preferred Developer:
Accommodations to mitigate loss of public parking to adjacent enterprises;
Participation in IURA-sponsored job training and job placement programs, such
as the Hospitality Employment Training Program;
The appropriate mechanism to ensure that the enhanced wages to be paid to all
employees in the housekeeping department is maintained at a dynamic level in
the future (e.g., indexed to 120% of the state minimum wage);
Purchase price (fair market value), including non-refundable deposit;
Transfer of property contingent upon site plan approval and issuance of a
building permit; now, therefore, be it
RESOLVED, That the Common Council does hereby authorize transfer of real property
located at 320-324 E. Martin Luther King Jr./E. State Street (tax parcel #69.-1-6.2) to
the IURA for the purpose of structuring a proposed purchase and sale agreement to
undertake the in-fill downtown hotel urban renewal project at the 300 Block of E. Martin
Luther King Jr./E. State Street, which agreement shall be subject to approval by
Common Council following a public hearing, and be it further
RESOLVED, That net proceeds from sale of City-owned land to the Preferred
Developer shall be paid to the City, and be it further
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
implement this resolution, including execution of any and all instruments necessary to
transfer title to the IURA and/or execute a leaseback agreement to allow continued City
control of the municipal parking lot until conveyance of the project site to the Preferred
Developer.
Amending Resolution:
By Alderperson Smith: Seconded by Alderperson Brock
RESOLVED, That the first Whereas clause be amended to read as follows:
“WHEREAS, Lighthouse Hotels LLC proposes construction of a $19 million, seven-
story, 120-room Canopy by Hilton hotel behind the Carey Building on parcels currently
used for public and private surface parking at the 300 block of E. Martin Luther King
Jr./E. State Street (Urban Renewal Project), and”, and be it further
RESOLVED, That the bullet points under subsection (C) Wages/Salaries, of the 9th
Whereas clause be amended to read as follows:
“Living Wage Positions - Creation of a minimum of 16 full-time employment
positions paid at least a “living wage” (currently $12.62/hour with employer health
insurance benefits)
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Housekeeping Staff - each employee in the housekeeping department to be paid
at least 120% of state minimum wage; and”
Carried Unanimously
Discussion followed on the floor regarding the wages and salaries of the hotel
employees. Community Development Director Bohn reviewed the hotel business plan,
staff and project costs. He stated that the permanent jobs are above the State average;
housekeeping staff will be making an average wage for the Southern Tier which is
better than the industry at large. Alderperson Brock noted the impending increases to
New York State’s minimum wage in January. Alderperson McCollister commented on
the spectrum of benefits being offered to employees.
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Reappointment to Ithaca Housing Authority Board – Resolution
By Alderperson Clairborne: Seconded by Alderperson Smith
RESOLVED, That Valerie Wilson be reappointed to the Ithaca Housing Authority Board
with a term to expire October 17, 2019.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Landmarks Preservation Commission
Alderperson McCollister reported that the new owner of the Seneca Street property is
undergoing Site Plan review for a four unit building. She further reported that there is a
vacancy on the ILPC that needs to be filled.
TCAT Board
Alderperson Murtagh reported that Cornell University will be increasing their funding to
TCAT.
Tompkins County Council of Governments (TCCOG)
Alderperson Clairborne reported that TCCOG is facilitating a two-part training session
on how to handle “heated meetings”.
He noted that Cornell’s increased contribution to TCAT is encouraging; however
discussions need to continue regarding contributions from other municipalities.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the WDAC has created a working group to create a
community outreach program designed to improve community relations.
Parks Commission
Alderperson Brock reported that the Parks Commission is discussing the proposed
lease for the Cascadilla Boat Club, noting that there should be public oversight of the
building and the program.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the September 3, 2014 and October 1, 2014 Common Council
Meeting Minutes – Resolution
By Alderperson McCollister: Seconded by Alderperson Smith
RESOLVED, That the minutes of the September 3, 2014 and October 1, 2014 Common
Council meetings be approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:35 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor