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HomeMy WebLinkAbout11-03-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, November 3, 2010, 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: 4.1 A Public Hearing to Consider the 2011 Mayor’s Recommended Budget 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Establishment of Standard Workday as Required by New York State Retirement System - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Cayuga Green Project, Approval of 2nd Extension of Purchase and Sale Contract for Parcel ‘D’ – Resolution 10. CITY ADMINISTRATION COMMITTEE: 10.1 Adoption of 2011 Budget - Resolution 10.2 Adoption of 2011 Tax Rate - Resolution 10.3 Adoption of 2011 Ithaca Area Wastewater Treatment Plant Budget - Resolution 10.4 Common Council – Direction to Board of Public Works Regarding Parking Revenue - Resolution 10.5 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: Common Council Agenda November 3, 2010 Page 2 14. MAYOR’S APPOINTMENTS: Information to be distributed separately 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the October 6, 2010 Regular 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. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: October 29, 2010 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Establishment of Standard Workday as Required by New York State Retirement System - Resolution WHEREAS, the New York State Retirement System requires that the standard workday be established for all positions in City government for the purpose of determining reportable days worked, and WHEREAS, a Recreation Program Leader position has been amended since Common Council last updated the standard workday designations, now, therefore, be it RESOLVED, That Common Council hereby establishes the following standard workday for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System for the position indicated: Six (6) hour workday; Thirty (30) hour workweek Recreation Program Leader 1 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Cayuga Green Project, Approval of 2nd Extension of Purchase and Sale Contract for Parcel ‘D’ – Resolution WHEREAS, Cayuga Green II, LLC, has requested an 18-month extension of the purchase and sale contract for parcel ‘D’ (tax parcel #81.-2-4) - the site of its proposed rental housing project to be located adjacent to the Cayuga Street Parking Garage - in order to provide time to secure project financing through the HUD 221(d)4 Insured Mortgage Financing program, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) and the City previously amended the original, 2007 purchase and sale contract, in 2009, to allow construction of either rental housing units or for-sale units and to extend the term by 12 months, to June 30, 2010, in response to the developer’s difficulty in securing project financing for residential condominiums, and WHEREAS, the commercial credit market for loans to construct new mid-rise housing has been extremely tight for several years and remains extremely limited, and WHEREAS, the principals of Cayuga Green II, LLC, have recently utilized the U.S. Department of Housing & Urban Development’s (HUD’s) 221(d)4 mortgage insurance program to secure financing from a HUD-approved private lender for a multi-family rental housing project in Ohio, and WHEREAS, through the HUD 221(d)4 program, the Federal Home Administration provides mortgage insurance to HUD-approved lenders of funds to for-profit or not-for- profit borrowers that are developing multi-family rental housing, and WHEREAS, the HUD 221(d)4 program requires federal prevailing wages to be paid on all construction work associated with such loans, and WHEREAS, a HUD 221(d)4 review and approval process requires submission of detailed construction plans and specifications, cost details, and a market study and marketing plan, and takes 9 to 12 months to complete, if all information is in order, and WHEREAS, a HUD 221(d)4 mortgage insurance application process requires documentation of fee simple ownership or control of the project site, and WHEREAS, Cayuga Green II, LLC, has been pursuing HUD 221(d)4 approval for several months and is awaiting an invitation to submit a “firm commitment” application, and WHEREAS, initial plans to build the project adjoining the Cayuga Garage have been modified so as to provide a 10-foot horizontal separation distance between the buildings, in order to avoid the need for retrofits to the Cayuga Garage to meet New York State Building Code requirements regarding wall openings and fire egress routes at the Garage, and WHEREAS, Cayuga Green II, LLC, has submitted revised, preliminary plans for construction of a 7-story, 39-unit rental housing project at parcel ‘D’ that are consistent with the original design goals for the Cayuga Green project, and WHEREAS, Cayuga Green II, LLC, seeks no property tax abatements for this project, and WHEREAS, the Ithaca Urban Renewal Agency (IURA) wishes to facilitate the construction of additional housing units in downtown Ithaca that will expand the range of housing opportunities and increase the property tax base; and WHEREAS, on September 23, 2010, the IURA approved the following amendments to the purchase and sale contract for parcel ‘D’ of the Cayuga Green project, subject to City of Ithaca Common Council approval: 1. Extend the developer’s deadlines to secure project financing and issuance of a building permit to December 31, 2011; 2. Reduce the size of the parcel to be conveyed by approximately 2,000 square feet, in accordance with a lot adjustment plan shown on a “boundary map” for the premises prepared by T.G. Miller PC, as revised through January 22, 2010, for the purpose of providing a 10’ fire separation distance between buildings, thereby avoiding the need for retrofits to the Cayuga Garage to meet NYS Building Code requirements; and WHEREAS, notwithstanding this reduction in the size of the property to be conveyed, the proposed, amended purchase and sale agreement does not call for any proportionate reduction in the purchase price, thus increasing the per-square-foot price, which could be deemed to be consideration for the extension of time to complete the purchase, and WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA’s proposed disposition of real property requires Common Council approval following a public hearing, and WHEREAS, a public hearing on the proposed property disposition was held before the Planning & Development Committee of the Common Council on October 20, 2010, and WHEREAS, the purchase and sale contract for parcel ‘D’ and site plan review for the proposed housing project at parcel ‘D’ were the subject of environmental reviews under the City Environmental Quality Review Ordinance (CEQRO) pursuant to which the lead agency issued a negative declaration that the implementation of the action as proposed will not result in any significant adverse environmental impacts, and WHEREAS, the proposed, amended purchase and sale contract for parcel ‘D’ and the proposed re-design of the building are no less protective of the environment than the previously-approved contract and site plan, therefore requiring no additional environmental review; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves the IURA- proposed amendments to the purchase and sale contract with Cayuga Green II, LLC, for sale of parcel ‘D’ of the Cayuga Green project (tax parcel # 81.-2-4), which amendments extend the developer’s remaining deadlines in said agreement until December 31, 2011, and reduce the size of the parcel to be conveyed by approximately 2,000 square feet. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Adoption of 2011 Budget - Resolution WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2011 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2011 and as those amounts may be altered by action of this Common Council at its November 3, 2010 meeting, are adequate for the operation of the City during 2011, now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2011, together with any additional changes made in said budget at Council's November 3, 2010 meeting as the City of Ithaca Budget for 2011, in the total amount of $59,898,044, and be it further RESOLVED, That the following sections of the 2011 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) General Fund Revenues F) Water Fund Revenues G) Sewer Fund Revenues H) Solid Waste Fund Revenues I) Debt Retirement Schedule J) Capital Projects K) Schedule of Salaries and Positions - General Fund L) Schedule of Salaries and Positions - Water & Sewer Fund M) Schedule of Salaries and Positions - Solid Waste Fund N) Authorized Equipment - General Fund O) Authorized Equipment - Water Fund P) Authorized Equipment - Sewer Fund Q) Authorized Equipment - Solid Waste Fund 10.2 Adoption of 2011 Tax Rate - Resolution WHEREAS, the 2011 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $59,898,044 on November 3, 2010, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $41,053,819 leaving $18,844,225 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2011 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $1,492,021,006, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $28,483,967 for 2011; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2011, be, and the same hereby is, established and fixed at $12.63 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2011, Tax Roll, thereby making a total tax levy, as near as may be, of $18,844,225, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $12.63 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $59,898,044 be appropriated in accordance with the Budget adopted to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2011 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $3,853,045,567 Less: Value of Exempt Property $2,390,663,500 $1,462,382,067 Plus: Value of Special Franchises $ 29,638,939 Net Value of Taxable Property $1,492,021,006 10.3 Adoption of 2011 Ithaca Area Wastewater Treatment Plant Budget - Resolution WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2011 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2011 and as those amounts may be altered by action of the Common Council at its November 3, 2010 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2011; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2011, together with any additional changes made in said budget at Council’s November 3, 2010 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2011, in the total amount of $3,738,060, and be it further RESOLVED, That the following sections of the 2011 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A. Joint Activity Fund Appropriations B. Joint Activity Fund Revenues C. Schedule of Salaries and Positions – Joint Activity Fund D. Authorized Equipment – Joint Activity Fund 10.4 Common Council – Direction to Board of Public Works Regarding Parking Revenue - Resolution WHEREAS, as part of the 2011 Adopted City of Ithaca Budget, Common Council approved $2,075,000 in parking revenue from all services, garages and meters, and WHEREAS, the Mayor and Controller recommended eliminating the first hour free in City garages, which in conjunction with other rate changes would translate to approximately $200,000 in parking garage revenue for 2011, and WHEREAS, Common Council, during the 2011 budget discussions, voted to direct the Board of Public Works (BPW) to develop parking rates that would produce the needed $200,000 without the elimination of the first hour free; now, therefore be it RESOLVED, That Common Council hereby directs the BPW to develop parking rates and efficiencies for 2011 that would produce the needed $2,075,000 in parking revenues without the elimination of the first hour free in downtown City garages, and be it further RESOLVED, That the BPW said planned parking changes need to be completed by December 22, 2010 for implementation on January 1, 2011, and be it further RESOLVED, That if the above deadline of December 22, 2010 is not met, Common Council will develop the parking rates to meet the revenues by its January 5, 2011 meeting.