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HomeMy WebLinkAboutMN-CC-2012-10-24COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 5:30 p.m. October 24, 2012 PRESENT: Mayor Myrick Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, Fleming, Smith, Kerslick, Proulx, Mohlenhoff, McCollister OTHERS PRESENT: Acting City Clerk – Myers City Attorney – Lavine Planning & Development Director – Cornish Civil Engineer - West 1. SPECIAL ORDER OF BUSINESS: 1.1 Kilpatrick’s Publick House Alcohol Permit Request for Oktoberfest - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the City Clerk has received a request to allow Kilpatrick’s Publick House (with assistance from the Downtown Ithaca Alliance) to allow for wine, beer, and hard cider tasting and sales as part of Oktoberfest Festival; now, therefore, be it RESOLVED, That the Kilpatrick’s Publick House (with assistance from 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 Oktoberfest Festival on the Ithaca Commons, on October 27, 2012 and, be it further RESOLVED, That the Kilpatrick’s Publick House (with assistance from 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 Kilpatrick’s Publick House (with assistance from 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 1.2 Declaration of Lead Agency Status for the Environmental Review of Granting a Permanent Easement to Hotel Ithaca, LLC – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the State Environmental Quality Review Act (SEQR) and the City of Ithaca Environmental Quality Review Ordinance (CEQR), Section 176 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, SEQR and CEQR both provide for an uncoordinated review for “Unlisted” projects that involve more than one agency, and WHEREAS, the proposed granting of a permanent easement to Hotel Ithaca, LLC, at 120 S. Aurora St., is an “Unlisted” action under SEQR and is an “Unlisted” action under CEQR; now, therefore, be it 2 October 24, 2012 RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the granting of a permanent easement to Hotel Ithaca, LLC Carried Unanimously 1.3 Environmental Review for An Action to Grant Permanent Easement to Hotel Ithaca, LLC – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Murtagh WHEREAS, the Planning and Economic Development Committee has declared itself to be the lead agency for the environmental review for a project (“the Project”) entitled “Grant a Permanent Easement to Hotel Ithaca, LLC” in accordance with Section 176 of the Ithaca City Code (CEQR) and in accordance with Article 8 of the New York State Environmental Conservation Law (SEQR), and WHEREAS, the Project is an Unlisted action according to CEQR and an Unlisted Action according to SEQR, and WHEREAS, a Short Environmental Assessment form was prepared by staff for CEQR and for SEQR, and WHEREAS, on October 10, 2012, the Planning and Economic Development Committee declared itself lead agency for an uncoordinated environmental review for CEQR/SEQR, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has, on October 10, 2012, reviewed and accepted as complete Short Environmental Assessment Forms Part I and Part II prepared by staff, and Project plans prepared by staff, now therefore be it RESOLVED, That the Common Council of the City of Ithaca determines that the granting of the permanent easement as described to Hotel Ithaca, LLC will result in no significant negative environmental impact and that a Negative Declaration for purposes of Article 8 of the NYS Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act and that a Negative Declaration for purposes of Section 176 of the City Code be filed in accordance with the City Environmental Quality Review Ordinance Carried Unanimously 1.5 Permanent Easement Agreement – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, Hotel Ithaca, LLC has submitted preliminary plans for the construction of a 10-story Marriott Hotel (the “Project”) on the Hotel Property, as hereinafter described; and WHEREAS, Ithaca Urban Renewal Agency is currently the owner of the premises located in the City of Ithaca commonly known as 215 East State Street, City of Ithaca, State of New York (Tax Map Parcel 70.-4-4.3) (the “IURA Parcel”), and Ithaca Urban Renewal Agency has entered into a Purchase and Sale Contract with Ithaca Properties, LLC for the sale of the IURA Parcel to Ithaca Properties, LLC; and WHEREAS, Ithaca Properties, LLC (formerly known as 4250 Vets Highway, LLC) is currently the owner of the premises consisting of 0.14 acres of vacant land purportedly fronting on South Aurora Street, in the City of Ithaca, State of New York (Tax Map Parcel 70.-4-4.4) (the “IP Parcel”), and WHEREAS, Hotel Ithaca, LLC has entered into an agreement with Ithaca Properties, LLC for the conveyance of the IP Parcel and the assignment of all rights of Ithaca Properties, LLC in and to the conveyance of the IURA Parcel under the terms of the Purchase and Sale Contract with Ithaca Urban Renewal Agency, and 3 October 24, 2012 WHEREAS, upon conveyance of the IP Parcel by Ithaca Properties, LLC to Hotel Ithaca, LLC and the conveyance of the IURA Parcel from Ithaca Urban Renewal Agency to Hotel Ithaca, LLC, Hotel Ithaca, LLC intends to consolidate the two parcels into a single parcel, which shall be known as 120 South Aurora Street, City of Ithaca, State of New York and shall have a single tax parcel number (hereinafter referred to as the “Hotel Property”), and WHEREAS, the City of Ithaca is the owner of the premises fronting on South Aurora Street in the City of Ithaca, State of New York (Tax Map Parcel 70.-4-4.1) (hereinafter referred to as the “City Property”), and WHEREAS, the City Property adjoins the northerly and easterly boundaries of the Hotel Property, and pursuant to the preliminary plans submitted to the City of Ithaca by Hotel Ithaca, LLC in connection with the Project, certain improvements associated with the Project shall encroach onto the City Property, and WHEREAS, prior to commencement of construction of the Project, Hotel Ithaca, LLC seeks to obtain a permanent easement from the City of Ithaca to permit the ongoing use of a portion of the City Property by Hotel Ithaca, LLC and its successors and/or assigns for said improvements associated with the Project which shall encroach onto the City Property, and WHEREAS, the portion of City Property over which Hotel Ithaca, LLC seeks to obtain a permanent easement is almost identical in size, location and layout to the IURA Parcel, and the value of the IURA Parcel has already been established by the Ithaca Urban Renewal Agency as $30,000, as evidenced by the Purchase and Sale Contract between Ithaca Properties, LLC and Ithaca Urban Renewal Agency, and WHEREAS, Hotel Ithaca, LLC is prepared to pay to the City of Ithaca a one-time fee of $30,000 in connection with the conveyance of a permanent easement, as herein described, and WHEREAS: the City of Ithaca Planning and Development Board, acting as Lead Agency in environmental review for the action of Site Plan Review, did, on July 28, 2009, determine that the Project would result in no significant impact on the environment, and WHEREAS, under Chapter 170-5 (C) of the Code of the City of Ithaca, the City Attorney has determined that the proposed permanent easement requires Common Council approval; now, therefore, be it RESOLVED, That City of Ithaca Common Council hereby authorizes the Mayor, with the advice of the City Attorney, to negotiate and execute a permanent easement to Hotel Ithaca, LLC (hereinafter, “Hotel”) following the conveyance of the Hotel Property to Hotel as set forth above, and payment by Hotel to the City of Ithaca of the sum of $30,000, which permanent easement area shall be described as follows and shall have terms and conditions similar to the following: 1. The City of Ithaca shall grant to Hotel Ithaca, LLC, its agents, tenants, successors and/or assigns, a permanent easement on, under and above a portion of the City Property, as above described, consisting of approximately 0.076 acres of land, and as more particularly shown on the drawing entitled, “Easement Plan” prepared by Fisher Associates, attached hereto and 4 October 24, 2012 incorporated herein by reference (the “Easement Plan”), which permanent easement shall include the right to construct, alter, replace, install, repair and maintain such improvements and fixtures as are necessary and convenient for the operation of a hotel on the adjacent Hotel Property, including all ancillary services related to the operation of a hotel, such as dining services; such easement shall be granted together with the right of ingress and egress over and across the remaining City Property as may be necessary to the proper use of the rights granted herein. 2. The City of Ithaca shall grant to Hotel Ithaca, LLC, its agents, tenants, successors and/or assigns, a permanent easement to construct, alter, replace, install, repair and maintain a canopy over the front entrance to the Project, at a distance of eleven (11) feet above the surface of the City Property, as more particularly shown on the Easement Plan, which permanent easement shall be granted together with the right of ingress and egress over and across the remaining City Property as may be necessary to the proper use of the rights granted herein. 3. Hotel agrees to save the City harmless from any loss, injury or damage arising out of the use of the easement area or from any negligence or fault of said Hotel, its servants or agents in connection with the construction and/or maintenance work done under this agreement. To the extent that Hotel enters upon City Property to effectuate any construction or repair work as set forth above, Hotel shall be responsible for restoring such City Property to the condition that existed before the work commenced, but otherwise Hotel shall have no obligation to or responsibility for maintaining the City Property or facilities thereon by virtue of the easement agreement. 4. Hotel agrees to keep the Hotel Property and improvements constructed by Hotel within the easement area insured at all times in the amount of at least $500,000.00 for personal liability coverage and to list the City as an additional insured under said insurance policy. 5. The easement agreement shall run with the land and shall be binding upon, and inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the parties thereto. Proposed Permanent Easement Agreement AGREEMENT, made this _____ day of October, 2012 by HOTEL ITHACA, LLC, a New York State limited liability company, with offices as 215 East State Street, Ithaca, NY 14850, hereinafter referred to as "Hotel", and the CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 East Green Street, Ithaca, New York, hereinafter referred to as the "City." WHEREAS, Hotel is the owner in fee simple absolute of a parcel of land with improvements thereon in the City of Ithaca, County of Tompkins and State of New York, commonly known and designated as 120 South Aurora Street, Ithaca, New York (Tax Map Parcel 70.-4-___), hereinafter referred to as the “Hotel Property”; and WHEREAS, the City is the owner in fee simple absolute of a parcel of land in the City of Ithaca, County of Tompkins and State of New York, commonly known and designated as 220 East Green Street, Ithaca, New York (Tax Map Parcel 70.-4-4.1), hereinafter referred to as the “City Property”; and 5 October 24, 2012 WHEREAS, the Hotel intends to construct certain improvements on the Hotel Property, which improvements are intended to be located within the confines of the Hotel Property except for several improvements that are intended to encroach onto the City Property, as shown on a survey of the Hotel Property entitled "Survey Map, _________________________, City of Ithaca, Tompkins County, New York" dated ____________________, by _______________________. WHEREAS, it is the intent of the City that the Hotel shall be allowed to construct, repair, replace and maintain said improvements on the City Property. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and of the sum of One Dollar ($1.00) by Hotel to the City in hand paid, receipt whereof is hereby acknowledged, the Grantor hereby grants and releases unto the Hotel, its successors and assigns, the following: 1. A 21-foot wide permanent easement and the right to construct, alter, replace, install, repair and maintain such improvements and fixtures as are necessary and convenient for the operation of a hotel on the Hotel Property; the southerly boundary of the easement area shall be the northerly boundary of the Hotel Property, and the easterly extension thereof to the westerly street line of South Aurora Street, and the northerly boundary of the easement area shall be a line which is parallel to and 21-feet northerly of said southerly easement boundary, and said easement area shall include both the ground level of the above described area and the airspace above such area; such easement shall be granted together with the right of ingress and egress over and across the City Property as may be necessary to the proper use of the rights granted herein. 2. A permanent easement and right to construct, alter, replace, install, repair and maintain on the City Property such improvements along the easterly boundary of the Hotel Property as are more particularly described on Schedule A attached hereto and incorporated herein by reference, together with the right of ingress and egress over and across the City Property as may be necessary to the proper use of the rights granted herein. 3. The permanent easements granted herein shall continue for so long as the improvements on the Hotel Property shall be in existence and in good repair. Until the easements are terminated, Hotel shall have the right to enter upon the City Property and facilities to the extent which may be necessary to effectuate repairs to the improvements within the easement areas. 4. Hotel's right under this agreement shall terminate when and if the improvements on the Hotel Property (a) no longer exist, or (b) are removed voluntarily by Hotel. After such termination, Hotel shall not cause any building or other structure which may be erected or maintained on the Hotel Property to encroach onto the City Property, except to the extent that any such encroachments may be permitted by law. 5. Hotel agrees to save the City harmless from any loss, injury or damage arising out of the use of the easement area or from any negligence or fault of said Hotel, its servants or agents in connection with the construction and/or maintenance work done under this agreement. To the extent that Hotel enters upon City Property to effectuate any construction or repair work as set forth above, Hotel shall be responsible for restoring such City Property to the condition that existed before the work commenced, but otherwise Hotel shall have no obligation to or responsibility for maintaining the City Property or facilities thereon by virtue of this agreement. 6 October 24, 2012 6. Hotel agrees to keep the Hotel Property and improvements constructed by Hotel within the easement area insured at all times in the amount of at least $500,000.00 for personal liability coverage and to list the City as an additional insured under said insurance policy. This Agreement shall run with the land and shall be binding upon, and inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. HOTEL ITHACA, LLC ________________________________ By: Title: CITY OF ITHACA By ________________________________ Svante Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: CITY OF ITHACA ) On this _____ day of October, 2012, before me, the undersigned, personally appeared _______________________________, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon behalf of whom the individual acted, executed the instrument. ________________________________ NOTARY PUBLIC STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: CITY OF ITHACA ) On this _____ day of October, 2012, before me, the undersigned, personally appeared SVANTE MYRICK, Mayor, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual or the person upon behalf of whom the individual acted, executed the instrument as Mayor of the City of Ithaca. ____________________________________ NOTARY PUBLIC Director of Planning and Development Cornish and Civil Engineer West joined Council for the discussion of this item. Civil Engineer West explained that the easement is required for an overhang part of the hotel over city property. The City will be compensated in the amount of $30,000.00 and retain ownership. 7 October 24, 2012 Mayor Myrick explained that approval of the easement request had to be considered and approved prior to the November Council meeting (11/7/12) in order for it to go to the Board of Zoning Appeals on November 6, 2012. The developer would like to begin work sooner rather than later on the project, so the City is trying to accommodate that schedule to the best of its ability. Discussion followed on the floor regarding maintenance of the area, and whether the City would be obligated to provide maintenance or not. Civil Engineer West explained that the developer will make improvements in portions of the easement area and all maintenance will be the responsibility of the hotel. He further explained that by retaining City ownership of the easement, public access through the property is preserved. City Attorney Lavine explained that the City was advised by the Tompkins County Assessment Department that it would be better financially to grant the easement rather than to sell the property to the developer. A Vote on the Resolution Resulted as Follows: Carried Unanimously 3. ADJOURNMENT On a motion the meeting adjourned at 6:00 p.m. ______________________________ _______________________________ Sarah L. Myers Svante L. Myrick Acting City Clerk Mayor